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Loudoun County Attorneys > Blog > Criminal Defense > Six Common Defenses to DUI and DWI

Six Common Defenses to DUI and DWI

Driving under the influence (DUI) and driving while intoxicated (DWI) are common charges in Virginia. Many people think that if they are charged with either of these offenses there is no point in defending the charges, but that is not true. A knowledgeable DUI and DWI lawyer can help you craft a persuasive defense to help you fight the charges. This article looks at six of the most common defenses to DUI and DWI.

  1. No reason to stop your vehicle initially. In order to pull you over, the police need a reason. If you were not speeding, driving erratically, or violating any other traffic of vehicular law, then you should not have been pulled over in the first place. If you can prove that the stop itself was unlawful then you can prove that the police should never have done a sobriety test in the first place.
  2. Field sobriety test issues. If part of the evidence the police have against you comes from a field sobriety test, you can attack the accuracy of the test. There are many things that may come into play that could affect the outcome of the test, such as inclement weather conditions, improper footwear, or even some learning disabilities or other medical conditions.
  3. Accuracy of test handling and results. If your blood is tested for its blood alcohol content and that is used as the main evidence of DUI or DWI, there are many things that can affect the accuracy of the test. First, the test itself can be skewed by medication or food. Also, because of the absorption period, depending on when the drinks were consumed, the BAC reading may not be accurate as to the time that you were actually driving. Further, the police have to follow certain protocol when taking the blood test and the lab must also handle the blood properly. Evidence of any of these issues can lead to the BAC test being thrown out and the prosecution cannot use it in court.
  4. Many legal medications can have effects that mimic drunkenness even if they do not cause impairment. If you are on any kind of medication make sure that your attorney knows this so he or she can include this in your defense.
  5. No Miranda warnings. The police must tell someone when he or she is under arrest. They must also recite the Miranda warning to suspects who are arrested. Any evidence collected after the arrest but before the Miranda warning may be thrown out.
  6. Disputing the police version of what happened. Part of the evidence that will be presented against you is the testimony of the officer(s) who were on the scene. They may have a different perspective than you. You can introduce evidence from other witnesses or other things that may have led to a misperception by the officer. 

Leesburg, Virginia DUI and DWI Attorneys

If you have been charged with DUI or DWI in Virginia you need to talk to a skilled DUI defense lawyer as soon as possible. Our experienced DUI and DWI attorneys at Simms Showers in Leesburg, Virginia can help you defend your DUI or DWI charge in Loudoun county, Fairfax county and throughout northern Virginia.

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