FAIRFAX DUI ATTORNEY

Being convicted of a DUI can suspend your driving privileges. As a Fairfax DUI attorney, I can fight your DUI in court and defend your legal driving rights.

read below answers to questions some clients have asked about DUI

Virginia law defines DUI under section VA Code 18.2-266.  

“The police officer pulled me over for no reason!”: Challenging an Improper Stop by Police

A police officer must have a reasonable suspicion that a crime is being committed in order to perform a traffic stop. 

Your driving behavior must be truly suspicious in order for a stop to be valid.

If the police act unreasonably, or they cannot establish that the initial stop was justified, bringing this argument before the court may lead to your case being dismissed. 

Our Fairfax DUI Attorneys have over ten years of experience defending clients.

Hiring an experienced DWI/DUI attorney is one of the most important steps you take to make sure you defend against the suspension of your license.

“The DUI roadblock was unfair”: Challenging an Illegal Roadblock Explained By Our Fairfax DUI Attorney

Roadblocks that are intended to detect crime are a violation of your constitutional rights. 

However, DUI-focused roadblocks are legal because they are intended to maintain public safety, which is seen as a compelling government pursuit. 

However, your arresting officer might not be aware of this distinction.

If the police officer testifies that a roadblock was intended to apprehend criminal drivers you may have grounds for dismissal.  

“My field tests were not an accurate measure of my impairment”: Challenging a field sobriety test

Police use field sobriety tests to establish probable cause for your arrest.

Many field sobriety tests are not scientifically supported, and even the best tests are not completely accurate at detecting impairment.

When used in the field by police officers these tests may become even less reliable, especially if the arresting officer did not correctly follow the necessary procedures for the tests.

Furthermore, environmental conditions might cast doubt on the results of the test. 

Your footwear, level of fatigue, and the very terrain on which you took the field sobriety test may have impacted the results. 

If so, you may have an argument that the field sobriety test did not accurately assess your level of intoxication.

“The officer’s report is biased”: Challenging The Police Report:

In DUI cases, some statements of “fact” can often be subjective. 

An officer does not know your normal appearance and may automatically assume that bloodshot eyes or a flushed face are a sign of intoxication.

By challenging parts of these reports, we can weaken the police officer’s argument to your impairment.

“My breathalyzer result was higher than it should have been”: Challenging Breathalyzer test procedure

A field breathalyzer test is used to establish probable cause for your arrest.

An officer must be well-trained in the device and the device must be properly maintained in order to ensure that the results are accurate. 

The procedure; requires police officers to monitor you for at least fifteen minutes before a test to ensure that no more alcohol enters the mouth.

The breath-test devices must have appropriate documentation of maintenance and calibration.

Our knowledge of the details of breathalyzers, the testing procedure, and their required maintenance may lead to the results of your test being dismissed.

“A medical condition affected my breathalyzer test result”: Challenging Breathalyzer Test Validity

A number of medical conditions could have an effect on your breathalyzer test performance.

It is essential that you hire an experienced DUI attorney to provide the best DUI defense in Northern Virginia.

“My blood test was not handled well”: Challenging a Blood Test

In some circumstances, a prison phlebotomist or hospital worker may draw blood to test your BAC. 

As with breath tests, strict adherence to established procedures is necessary for a blood test to be reliable.

If you undergo a blood test we can review the operating procedure, the chain of custody of your blood, and logs created by your test analyst. 

“My level of impairment was lower while I was actually driving”: Challenging BAC levels and Widmark Values

When you have a drink, your blood alcohol level does not immediately reach its highest point but is slowly absorbed over time. 

Widmark Values can be used to calculate what your BAC would likely have been while driving.

The Widmark value calculation takes into consideration your measured BAC.

And your drinking history over the course of a night to identify an estimated BAC value while you were operating the vehicle. 

These calculations alone might work in your favor. However, if the Widmark value is still above the legal limit there are ways to challenge an overestimated Widmark value.