Reston DUI Defense Attorneys

What Happens During a DUI Traffic Stop?

When an officer suspects that a driver is intoxicated because of alcohol or drug use, they will follow certain steps during a traffic stop to gather information and evidence that may inform their decision about whether to make an arrest.

Initial Contact With the Driver

When an officer first approaches a vehicle, they will already be making observations. They may check for the smell of alcohol on a person's body or clothing. They may look at the driver's eyes to see if they are red. They will listen to the person's speech to see if they slur their words or have trouble speaking. They may watch for potential coordination issues, like fumbling with a driver's license. Any signs of intoxication may warrant further investigation.

It is important to remember that a driver is not required to answer any of an officer's questions beyond providing identifying information and documentation. An officer may ask where a person is coming from, where they are going, who they were with, what they had been doing, and if they had been drinking. Because anything a person says could be used as evidence during a DUI case, it may be advisable to politely decline to answer any questions.

Field Sobriety Tests

When an officer believes that a driver may be impaired, they may ask the driver to step out of their vehicle and perform field sobriety tests. There are a few standardized tests that police officers will often use, and they may involve asking a person to follow a moving object with their eyes or walk along a straight line. The officer will be looking for signs of impairment, such as a loss of balance, difficulty following instructions, or uncontrollable eye movements.

There are many reasons a sober person may perform poorly during field sobriety tests. Physical conditions such as inner ear problems, leg or back injuries, or neurological disorders can affect a person's balance. Anxiety, footwear, or uneven road may also play a role in a person's performance. Virginia law does not require a driver to submit to field sobriety tests, and there is no civil or criminal penalty for declining. In many cases, it is advisable to decline to participate in field sobriety tests.

Portable Breath Tests

In addition to or instead of field sobriety tests, an officer may ask a driver to submit to a preliminary breath test (PBT) using a handheld device. A PBT will provide an estimate of a driver's blood alcohol concentration (BAC), and if it indicates that they are over the legal limit of .08 percent, this may serve as the basis for a DUI arrest.

The results of a roadside PBT are generally not admissible as evidence in a DUI prosecution. The purpose of these tests is to establish probable cause for an arrest. A driver has the right to refuse to submit to a PBT without facing penalties, although a refusal could lead an officer to arrest a person.

The Arrest and Post-Arrest Testing

If an officer determines that there is probable cause to believe that a driver is intoxicated, they will typically arrest the driver for DUI. After an arrest, a driver will be required to submit to a breath or blood test that will measure their BAC or determine whether they had drugs in their system while driving. These tests are more formal than a roadside PBT. A breath test will be administered using a breathalyzer device at a police station, or blood may be drawn so samples can be analyzed by a lab.

Refusing to submit to a post-arrest chemical test will result in automatic consequences. A person will face a one-year driver's license suspension for a first refusal. A second refusal within 10 years may lead to a Class 1 misdemeanor charge.

Defense Strategies in Reston DUI Cases

A DUI conviction is not a foregone conclusion. Our lawyers approach each case by examining what happened during a traffic stop, investigation, and arrest and determining the strongest available defenses. These may include:

Questioning the Basis for the Traffic Stop

If a law enforcement officer had no reason to perform a traffic stop, we can take steps to stop a prosecutor from using any evidence that was gathered after pulling the driver over. We will review dash camera footage, body camera recordings, and police reports to determine whether the stated basis for a traffic stop was invalid. A successful suppression motion can result in the dismissal of DUI charges.

Examining Field Sobriety Test Administration

Standardized field sobriety tests must be administered while following specific protocols. Our lawyers will look at how each test was conducted, whether a driver received the proper instructions, and whether other factors may have affected their performance. We will look for reasons to challenge the reliability of these tests.

Challenging Probable Cause for Arrest

Even if a stop was lawful, an officer must have probable cause to believe that a driver is intoxicated before they can make an arrest. Our attorneys will look at whether the officer's observations of factors like a driver's behavior or performance on sobriety tests supported an arrest. By questioning probable cause, we may be able to show that an arrest should not have been made.

Challenging the Reliability of Chemical Test Results

Breath testing equipment must be regularly calibrated and maintained. Blood tests must be performed using specific procedures. Our lawyers can review equipment calibration logs, maintenance records, blood draw procedures, and the chain of custody of samples. We can identify potential problems that may allow the results of these tests to be challenged.

Negotiated Resolutions

Depending on the circumstances of an arrest and the evidence in a case, our attorneys may advise clients on whether negotiations with the prosecution can help them resolve their cases successfully. We may determine whether a DUI charge could be reduced to reckless driving or another offense, or we may negotiate agreements that will allow a person to receive probation rather than a criminal conviction. We will evaluate each case to determine the approach that will serve our client's best interests.

Contact Our Reston, Virginia DUI Defense Lawyers

When you are facing a DUI charge, you do not have to accept a conviction. The lawyers at Robinson Law, PLLC can help you determine your best options for defense. We will take the time to understand your situation and help you determine what steps you can take to resolve your case successfully. Contact our Reston DUI attorneys by calling 703-844-3746 to schedule your free consultation.