Herndon, VA DUI Lawyers

The Many Faces of DUI

While most people think of DUI as an offense involving alcohol, there are multiple other substances that could lead to arrests and criminal charges. Our lawyers can assist with:

Alcohol-Related DUI Charges

The most common basis for a DUI charge involves a blood alcohol concentration (BAC) of 0.08% or higher. However, there may be some cases where doubt may be raised about whether a person was intoxicated by alcohol when they were driving. When an arrest and DUI charges are based on an officer's observations of a person's behavior or their performance on field sobriety tests, we may be able to challenge these observations and raise doubt about whether our client was driving while impaired.

Drug-Related DUI Charges

Arrests may be based on accusations of driving under the influence of drugs, including illegal substances such as cocaine, heroin, and methamphetamine. Virginia law provides specific legal limits for substances like cocaine, methamphetamine, and PCP, and a person may be charged with DUI if they allegedly exceeded those limits. Our lawyers can help determine whether drug tests were accurate or whether they truly showed that a person was intoxicated while they were driving.

Prescription Medications

There are several types of medications prescribed by doctors and taken by patients that could lead to intoxication. Sleep aids that cause drowsiness, painkillers that affect a person's perceptions, or muscle relaxants that affect bodily coordination are some of the drugs that could potentially lead to DUI charges. Our legal team can review charges of DUI related to prescription drugs to determine whether a person's use of different medications actually affected their ability to drive safely.

Combinations of Alcohol, Drugs, or Other Substances

DUI charges may be based on a person's use of multiple substances. Even if a single substance on its own would not lead to intoxication, the interactions between alcohol, controlled substances, prescription drugs, over-the-counter medications, or other substances may affect a person's ability to operate a vehicle safely. Our attorneys can address claims that the use of multiple substances led to our client's intoxication. When necessary, we can challenge the testimony of Drug Recognition Experts (DREs) or other evidence used to charge our clients with DUI.

Defense Strategies for Clients Facing DUI Charges

Through a full review of the facts involved in a case, the evidence used to show that a person was driving while intoxicated, and other legal issues, our lawyers will develop effective strategies to help our clients avoid DUI convictions whenever possible. We will work to have a case dismissed or secure an acquittal. If this will not be possible, we will advise a client on the best steps to take to minimize the penalties that could affect their life and their future.

Evaluating the Lawfulness of a Traffic Stop and Arrest

One of the first questions to address in a DUI case is whether a police officer had a legal justification to stop and arrest a driver. Without reasonable suspicion of a violation or criminal offense, a traffic stop may have been unlawful, and any evidence gathered after the driver was pulled over may not be admissible during a DUI case. If an arrest was not supported by probable cause, our attorneys may argue that there is no basis for a DUI charge. Through our challenges, we may be able to weaken the prosecution's case and have DUI charges dismissed.

Contesting Field Sobriety Tests

When police officers ask drivers to perform field sobriety tests during traffic stops, they are required to follow specific procedures. If tests were performed incorrectly, our lawyers may challenge whether there was probable cause to arrest a driver. We can also challenge tests by providing alternative explanations for a person's performance, such as showing that a road's surface was uneven, nearby traffic caused distractions, or medical conditions affected a person's balance.

Addressing Drug Impairment Evidence

In cases involving drug-related DUI charges, our attorneys may look at examinations performed by Drug Recognition Experts. We may question the qualifications of these experts or the methods they used to determine whether a person was allegedly under the influence of drugs.

Challenging Chemical Test Evidence

Whether a DUI case involves a breath test or a blood draw, our legal team will review the testing process to identify potential challenges that may be raised. For breath tests, we can determine whether a device had been calibrated correctly, whether an officer was qualified to perform a test, or whether any medical factors may have affected the results. For blood test cases, we will review the collection process, the chain of custody of evidence, and laboratory procedures to determine whether there are issues that could have affected the reliability of the test results.

Pursuing Reduced Charges

Our lawyers can help a client understand whether negotiations with prosecutors may help them achieve positive results in a DUI case. In some cases, prosecutors may agree to reduce a DUI charge to reckless driving, which may help a person avoid serious, long-term penalties. We can also provide guidance on whether a person may be able to serve a term of probation and avoid jail time or other penalties. We will fully explain the options available and help our client make an informed decision about how to resolve their case.

Contact Our Herndon DUI Attorneys

A DUI arrest does not have to define your future. The steps you take during your case can determine how it will be resolved and how your life may be affected. At Robinson Law, PLLC, our attorneys are ready to work closely with you to build an effective defense. Contact our Herndon, VA DUI defense lawyers at 703-844-3746 to arrange your free consultation.