Defense Tactics and Results for Recent Virginia DUI Cases
Don't Let Your Virginia DUI Ruin Your Life
Fairfax VA, Loudoun VA, Manassas VA, Prince William County VA, Fauquier County VA, Warrenton VA
There are several ways to defend DUI cases. For example, some of the more common defense tactics are to challenge the constitutionality of the initial traffic stop, the administration of field sobriety tests (FST's), probable cause for arrest, the administration of the test to determine blood alcohol content (BAC) and the accuracy/validity of that test.
To give you some idea of how these tactics can be used, here are some specific examples of DUI cases I have handled recently, some of the defense tactics used and the outcome of each case. Of course I can't guarantee a similar outcome in your case, as the facts, circumstances and legal issues of each case are different.
Some of the cases below also involve the offense of Refusing to Submit to a Breath Test which is a separate and distinct offense in Virginia, and if one is found guilty of that offense the punishment is a mandatory suspension of the privilege/license to drive in Virginia for one year.
Also note that, a restricted license may NOT be obtained during that one year period.
Let’s begin with a case in March of 2004 - DUI (.21 BAC):
In this case I used a toxicologist to challenge BAC at the time of driving and got BAC reduced to below .20. As a result, my client avoided a mandatory jail sentence and obtained a restricted license immediately.
In this case from March 2004 my client was charged with a DUI with a BAC of.12. Here I challenged implied consent. Through this, the charge was reduced to Reckless Driving with a restricted license.
February of 2004 my client was charged with his 4th DUI with a BAC of .13. In this one I challenged the roadblock stop which resulted in my client’s arrest. This was resolved to a 1st offense with immediate restricted license and no jail.
Jan 2004 - DUI (.16 BAC) - used toxicologist to challenge BAC at the time of driving. Charge was reduced to Reckless Driving with immediate restricted license and no jail.
Jan 2004 - DUI and Refusal to take a breath test. In this one I challenged the Field Sobriety Tests (FST's). The refusal charge was dismissed and the DUI reduced to Reckless Driving with immediate restricted license and no jail.
Dec 2003 - DUI (.14 BAC). I challenged the basis for the stop and FST's. The charge was reduced to Reckless Driving.
Oct 2003 - DUI and Refusal to take breath test -- challenged FST's. The refusal was dismissed, and the DUI was reduced to Reckless Driving with restricted license and no jail.
Sep 2003 - Felony DUI (4th): reduced to misdemeanor DUI (2nd in 5 years). Client avoided felony status and was eligible for restricted license after one year instead of having to wait 3 years.
Sep 2003 - DUI (.14 BAC) involving an accident - challenged ability to prove no alcohol consumed after the accident; reduced to Reckless Driving with restricted license and no jail.
Aug 2003 - DUI (.12 BAC) - dismissed.
Aug 2003 - DUI (.21 BAC) - used toxicologist to challenge BAC at time of driving; got BAC reduced to below .20; client avoided mandatory jail sentence and got restricted license immediately.
July 2003 - Felony DUI (3rd or subsequent in 10 years) - reduced to misdemeanor DUI (2nd in 5 years); client avoided felony and was eligible for restricted license after one year instead of three years.
Jun 2003 - Felony DUI (3rd or subsequent in 10 years), Hit and Run, Driving With a Suspended License and Refusal. Felony DUI dismissed. Hit and Run dismissed. Pled guilty to Driving Suspended and Refusal; no jail imposed.
Jun 2003 - DUI (.09 BAC) - challenged BAC at time of driving; charge amended to Reckless Driving with restricted license and no jail.
Jun 2003 - DUI and Refusal - challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.
May 2003 - DUI (.24 BAC) - used toxicologist to challenge BAC at the time of driving; got BAC reduced to below .20; client avoided mandatory jail sentence and obtained restricted license immediately.
Apr 2003 - DUI (.13 BAC) - challenged basis for stop and BAC at time of driving; dismissed.
Apr 2003 - DUI and Refusal. Challenged FST's; Refusal dismissed; DUI reduced to Reckless Driving with restricted license and no jail.
Mar 2003 - DUI 2nd in 10 years (.11 BAC). Reduced to first offense resulting in a one year suspension instead of a three year suspension; client eligible to get restricted license immediately instead of having to wait 4 months.
Feb 2003 - DUI (.14 BAC). Challenged administration of test. Charge reduced to Reckless Driving with restricted license and no jail.
Feb 2003 - DUI and Refusal. Challenged FST's; the Refusal was dismissed and the DUI reduced to Reckless Driving with restricted license and no jail.
Jan 2003 - DUI (based on drugs instead of alcohol). Dismissed.
Jan 2003 - Felony DUI (3rd or subsequent in 10 years). Reduced to misdemeanor DUI (2nd in 5 years).
Jan 2003 - DUI 2nd in 5 years (.16 BAC). Reduced to a first offense; client avoided mandatory jail sentence and was eligible for restricted license immediately instead of having to wait one year.
Jan 2003- Felony DUI (3rd or subsequent). Challenged basis for stop; reduced to misdemeanor DUI. Could I do the same be true for you? I don't know now, but if you call for your free consultation, I will explore all these types of possibilities with you. The lesson to be learned from this example is that a case--your case--may be able to be defended by one or more challenges to the charges you are facing. That's what I do for my clients.
Fairfax VA, Loudoun VA, Manassas VA, Prince William County VA, Fauquier County VA, Warrenton VA
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