A GUIDE TO THE BEST DUI DEFENSES IN VIRGINIA
Virginia DUI lawyers provide expert assistance to the accused in understanding the results of a DUI conviction on their driving benefits. The accused is explained as to how their rights are affected after a DUI arrest and what they should do to secure those rights. If you are facing a drunken driving charge in Virginia, you will become anxious about the impact of these charges. Your lawyers will warn you that punishments for a DUI conviction can be severe. You will be shocked to know from your lawyers that DUI not only affects your criminal record but also affect the privilege to drive in Virginia.
Skilled lawyers will inform clients that as per Virginia driving laws, a driver is considered to be intoxicated if his BAC (Blood Alcohol Level) is over 0.08% or higher. The Lawyers in Virginia always emphasize to their clients that intoxicated drivers should always avoid driving while intoxicated. The zero-tolerance law in Virginia articulates that minors (under 21 years of age) are forbidden from driving a vehicle with a BAC of 0.02% or more. Virginia Lawyers often tell their clients that the body of each person responds differently to intoxication. Being detained for drunken driving in Virginia can be disastrous.
For guidance on how to proceed with DUI charges in Virginia, you should immediately seek legal guidance from the DUI lawyers at The Law Offices of SRIS, P.C.
THE SIGNIFICANCE OF THE BREATH TEST – BY VIRGINIA LAWYERS
A driver in Virginia might be pulled over if the enforcement officer suspects that the driver is intoxicated and is driving in complete disregard for DWI/DUI laws in Virginia. Your lawyers in Virginia will inform you that in such situations, the enforcement officer at the incident will request the accused to undergo certain tests to conclude about the intoxication levels of the driver. If the results indicate intoxication, the drunken driving charge is imposed and the charge becomes severe if the driver has a history of DUI charges. You will be glad to know from your lawyers that cases in Virginia generally proceed more quickly than other states.
The following information by adept lawyers at The Law Offices of SRIS, P.C. will give you a definite idea of what occurs during a DUI arrest and you will gain a knowledgeable insight into the procedure followed by the officers after a DUI arrest.
INITIAL PROCEDURE FOLLOWED BEFORE THE DUI ARREST – BY VIRGINIA LAWYERS
If a law enforcement officer suspects that you are drunk, your vehicle will be stopped and you will be commanded to take a few tests before being the arrest. The lawyers in Virginia will apprise you that drivers in Virginia have consented to BAC testing due to implied consent laws. Though the implied consent laws exist, the traffic officer who stops you should have reasonable cause to stop you on DUI suspicion. If the officers find probable cause to arrest, you can be arrested for DUI in Virginia.
The lawyers at The Law Offices of SRIS, P.C. will apprise clients in Virginia that police suspicion for DUI increases with the presence of uncontrolled driving, slurred speech, or overwhelming smell of alcohol in the driver’s breath.
WHAT CONVERTS THE INITIAL STOP INTO A DUI ARREST – BY VIRGINIA LAWYERS
If you have to get a clear idea about what transpires during a DUI arrest, you should understand the meaning of technical terms such as BAC, zero tolerance,
BAC levels
In Virginia, a DUI charge can be imposed if your blood alcohol level exceeds .08 % or higher, or if your driving is affected by your intoxication. To ascertain if you are drunk, the investigating officers in Virginia conduct breath tests during the initial stop. Be informed by the Virginia Lawyers that BAC is the alcohol content level in your body based on the breath test or blood test. The lawyers at The Law Offices of SRIS, P.C. will acquaint clients in Virginia that if the BAC levels are above lawfully permissible limits, a DUI charge is imposed.
WHY HAVING PHYSICAL CONTROL OVER THE VEHICLE IS CONSIDERED DRIVING – BY VIRGINIA LAWYERS
Drivers in Virginia are unaware that they can be arrested for DUI even if their vehicle was not moving. The lawyers in Virginia will inform clients that where the officer confirms that the driver is intoxicated and the ignition key was in the on position, a drunken driving charge can be imposed. The lawyers at The Law Offices of SRIS, P.C. routinely advise clients in Virginia that merely being found in an intoxicated condition in the driver’s seat with the motor switched on creates an assumption that the driver was in physical control of the vehicle.
WHAT HAPPENS IF THE DUI INCIDENT RESULTS IN INJURY OR DEATH – BY VIRGINIA LAWYERS
The lawyers in Virginia will warn clients that a DUI incident that causes death or other serious injuries will lead to a manslaughter charge or a homicide charge. The driver’s vehicle will be held by the authorities in Virginia. Also, experienced lawyers will apprise you that when the incident results in death or any grievous injury, the victim or his family may proceed to file a personal injury claim and it can cause further tension to the accused. The lawyers in Virginia will notify that the accused may have to arrange for parallel representation for both the criminal case and the personal injury case. Your lawyers will also counsel you that when an accused has multiple DUI charges, the judge may refuse to grant bail. In such a situation the accused may be burdened with remaining in prison till the trial of the case.
If you are charged with DUI, be it the first offense or multiple offenses, you should never make the mistake of proceeding without the guidance of DUI lawyers. Proceed with the guidance of skilled lawyers at The Law Offices of SRIS, P.C. to obtain favorable results.
ARE THE RESULTS OF BREATHALYZER TESTS ACCURATE ALWAYS – BY VIRGINIA LAWYERS
Your DUI lawyers will apprise you that the tests of a breathalyzer test are not always precise. If you have been subjected to a breath test and if the reading indicates that you have exceeded the specified intoxication levels, you need to remind yourself that the results of the tests may be incorrect. So do not panic and contact the reputed DUI lawyers at The Law Offices of SRIS, P.C. for perfect defenses for your charge.
The lawyers you consult will inform that the breathalyzer evaluates the quantity of alcohol in the air you have exhaled. You will be surprised to know from the lawyers that neither the officer who initiated the stop nor the officers at the police station can guarantee that the results of the breathalyzer test are 100 percent accurate. This also indicates that there is a possibility of erroneous reading being shown on the portable test on the roads. The possibility of incorrect reading applies to the updated version of the breathalyzer machine at the station as well. The DUI lawyers in Virginia will firmly assert to their clients, whatever may be the reason for such inaccuracy; clients cannot be victimized by arrest and detention due to the erroneous functioning of a breathalyzer device.
Your DUI lawyers in Virginia will inform you that one of the most popular defense strategies adopted in DUI cases is that the results of the breathalyzer are unreliable and cannot be the base for convicting the accused.
DEFENSE STRATEGIES BASED ON INACCURACY IN RESULTS OF BREATH TESTS – BY VIRGINIA LAWYERS
The DUI lawyers will update you that there can be several reasons for inaccurate breath tests. When the test is conducted if the accused burped, the test results cannot be considered valid. The lawyers in Virginia will notify you that the results can also be incorrect if the accused had vomiting problems before taking the test. In some cases, the accused may have used a mouth wash, the presence of certain chemicals in mouthwash may change the results of the breath test. Be informed by your DUI defense lawyers that the diet of the accused can also influence the results of the test.
In some cases, the body temperature of the accused has a significant impact on the test results. In addition to these reasons, lawyers report that other causes for unreliable results can be improper functioning of the machine. If the officer who conducts the test has failed to fix the machine correctly or if the machine has not been properly calibrated, the test results will turn out to be inaccurate.
The officers who conduct the test know how successful defense strategies can be framed by experienced lawyers based on improper results. DUI lawyers will relate to you based on their experience that such officers are extremely careful in conducting the tests. At times the tests are conducted multiple times so that reliable results can be obtained. However, DUI lawyers will affirm to you that even after trying multiple times, the enforcement officers fail to obtain reliable results, thus overturning the case in favor of the DUI accused driver.
A DUI charge cannot be taken casually. Approaching DUI lawyers for your case in Virginia is vital. You will simply increase your trouble with the law by fighting the DUI case in Virginia by yourself. Seek legal advice from proficient Virginia DUI lawyers who will analyze all possibilities to obtain your acquittal or work on other strategies to reduce the penalties. The Virginia law provides clear statutes that state when a person is considered to be intoxicated. The law specifies that it is drunken driving if the intoxication level exceeds .02 percent for underage drivers, .08 for drivers above 21 years, and .04 for commercial vehicle drivers.
More often the arbitrary statements of law enforcement after the arrest leads the accused to believe that the DUI conviction cannot be reversed and the charge once imposed remains on his record forever. Hiring the best DUI lawyers in Virginia can prove beneficial for your case. On being charged with DUI, your first practical step should be hiring experienced DUI lawyers in Virginia. The DUI lawyers you retain for your case in Virginia will apprise you about the penalties that the charge will attract.
HOW CAN MY PRIOR DUI CHARGE AFFECT MY PRESENT DUI CONVICTION – BY VIRGINIA LAWYERS
The lawyers in Virginia will notify that DUI punishments are imposed based on the intoxication levels of the wrongdoer and the number of prior DUI charges against the accused. A thorough reading of the Virginia DUI laws indicates that prior DUI convictions play a vital role in the imposition of punishments for the current offense.
You will be shocked to know that DUI penalties can be harsh and may include any punishments such as license suspension for a duration that can extend to 12 months, a sentence in prison for a specific period, fines that can start from a $250, a mandatory requirement to get admitted into a VASAP program or complying with a specific ignition interlock requirement specifically designed to prevent drunken driving. Lawyers in Virginia also notify their clients about the increase in insurance costs due to drunken driving convictions.
HOW THE TEST WORKS?
Most of the DUI suspects wonder how the test detects the intoxication levels. Be informed by a DUI lawyer in Alexandria, VA about how it works. If one is intoxicated, the lungs would have absorbed the alcohol. The breath sample provided by the accused is analyzed to evaluate the alcohol content in the accused’s body.
Penalties for First DUI Offense
When a driver commits the offense of driving under influence for the first time, he will be punished with class 1 misdemeanor and a fine of $250. If you are charged with intoxicated driving for the first time in Virginia, you should contact Virginia lawyers for assistance. Proceeding without the expert help of Virginia Lawyers can result in adverse consequences.
Penalties for Second DUI offense
If the second DUI in Virginia was committed within 5 years of a prior offense, then the penalties will include:
- Minimum $500 fine;
- Confinement in jail for one month to one year and
- Twenty days of such confinement shall be mandatory minimum
If the second offense for intoxicated driving was committed within five to ten years of the previous offense, then the penalties include:
- Minimum $500 fine;
- Confinement in jail for not less than one month and
- Ten days of such confinement shall be mandatory minimum
If the second offense for intoxicated driving was committed within ten years of the previous offense, then a minimum $500 fine is imposed and additional penalties will differ based on the BAC levels:
- An additional mandatory 10-day jail sentence will be imposed (if BAC was between .15 and .20);
- An additional mandatory 20-day jail sentence will be imposed (if the BAC level was greater than .20); and
The third DUI offense is punishable as a class six felony and the following other penalties are imposed:
- A mandatory minimum sentence of 90 days is imposed if the offense was committed within ten years
- A mandatory minimum sentence of six months is imposed if the offense was committed within five years
License suspension is a common penalty imposed for drunken driving in Virginia. If your license is suspended, the advice of DUI lawyers in Virginia can prove to be advantageous to apply for license reinstatement.
If you wish to reinstate your suspended license, you should do so with the assistance of Virginia Lawyers. The Lawyers at The Law Offices of SRIS, P.C. are familiar with the procedures in local courts and can provide you the best defense strategies.
HOW TO FACE A DUI FELONY – BY VIRGINIA LAWYERS
Virginia lawyers will explain that a drunken driving offense is considered a felony if the accused commits the drunken driving offense for the third time within ten years.
A Class 6 felony results in the following punishments:
- Mandatory minimum of 90 days imprisonment
- Mandatory minimum fine of $1,000
- License suspension for an indefinite duration
- Cancellation or suspension of other professional licenses if considered appropriate
- Setting up an ignition interlock arrangement for each vehicle owned or co-owned by the accused
Be warned by your skilled lawyers in Virginia that the third offense for drunken driving is a serious one and can cause irreparable damage to your reputation. After the third conviction for drunken driving within ten years, the accused will be declared a habitual offender. Being declared as a habitual offender is detrimental to your driving privileges as it will lead to suspension of the driving license for an indefinite period.
PROBLEMS CREATED BY HIGH VEHICLE INSURANCE RATES AFTER DUI – BY VIRGINIA LAWYERS
When a driver is charged with DUI insurance rates are bound to increase exorbitantly. On perusing insurance applications, the preliminary questions insurance agencies pose are about drunken driving charges and convictions by the applicant. The insurance companies want to be aware of where the applicant stands in terms of safe driving. Your VA Lawyers will inform you that for drivers convicted for drunken driving, proof of financial responsibility, the FR44 should be submitted before they can start driving again. The lawyers in VA will also inform you that due to prior DUI charges, you may be compelled to pay double the costs paid by other normal drivers.
You will be shocked to know that after your DWI charge some insurance companies notify you that they no longer provide protection. Considering the adverse consequences of drunken driving, it is advisable to proceed with the guidance from adept lawyers at The Law Offices of SRIS, P.C.