In Virginia, drivers who fail to comply with drinking and driving laws face criminal penalties. These penalties could begin with a jail sentence and a hefty fine. They also result in suspension of the driver’s license. In dire circumstances, the driver could face further penalties if a fatality occurs during an auto accident. Local attorneys provide DUI Help in Charleston for drivers facing these charges.
The Lack of Probable Cause
Under Virginia laws, officers must have probable cause to stop any driver on the road. To achieve suspicion of drunk driving, the driver must be committing moving violations that indicate these circumstances. They cannot stop a driver simply because they saw the individual driving after they left a bar or nightclub. The lack of probable cause can present a defense against a DUI charge.
Faulty Breathalyzer Tests
Law enforcement agencies are required to conduct testing and maintenance for all breathalyzer devices. A failure to perform these tasks could result in a false reading. The attorney can request the testing logs for these devices to evaluate these requirements. They can also verify entries in the log book with the service provider. A faulty breathalyzer test can dismiss these charges.
Tampering with Blood Evidence
At any time that blood is drawn from the defendant, their attorney has the right to acquire a second sample and submit it to the testing facility of their choice. If the results indicate two separate readings, the attorney could indicate that the law enforcement agency tampered with the sample, which requires an evaluation of the chain of possession.
A Case of Involuntary Intoxication
The presence of substances including rohypnol indicates involuntary intoxication. This defense identifies intoxication due to exterior forces. The driver didn’t make the conscious choice to drive while intoxicated.
In Virginia, drivers are charged with DUI if they have a blood-alcohol content reading of at least 0.08 percent. The circumstances of the arrest could also incur additional charges. They may include a blood-alcohol content reading above 0.15 percent or a child in the vehicle. Defendants who need DUI help in Charleston should Contact Wagner Law Firm today.
