Vienna, Virginia DUI Defense Lawyers

Aggravating Factors That Can Increase DUI Penalties

Certain circumstances surrounding a DUI arrest can lead to enhanced charges or additional penalties, including:

• High BAC Readings: If a person's BAC was between 0.15% and 0.20%, a conviction will result in a mandatory minimum jail sentence of five days. This mandatory sentence increases to 10 days if a person's BAC was 0.21% or higher.
• DUI With a Minor Passenger: If a passenger under the age of 17 was in a person's vehicle when they allegedly drove while under the influence, a conviction will carry a mandatory sentence of at least five days in jail and an additional fine of $500 to $1,000.
• DUI Causing Injury or Death: When a person is accused of driving while intoxicated and causing an accident that injured or killed someone, they could face charges of DUI maiming or involuntary manslaughter. Convictions for these offenses will be more likely to lead to extended prison sentences.

The Role of Chemical Tests in Virginia DUI Cases

When a person is charged with DUI, chemical testing of their blood alcohol concentration will often serve as the centerpiece of the prosecution's case. Understanding how these tests work and where they can go wrong is an important part of building a defense.

Implied Consent in Virginia

The laws in Virginia state that a person who drives in the state has given implied consent to a breath or blood test when they are arrested for DUI. A person who refuses to take a chemical test after being arrested will face an automatic one-year suspension of their driving privileges. If a person refuses a chemical test a second time within 10 years, they could be charged with a Class 1 misdemeanor.

Challenging Breath Test Results

Breath testing machines must be operated correctly, and regular maintenance must be performed to ensure that they will provide accurate readings. Our legal team can review the maintenance records and calibration logs of devices used during chemical testing. We can also take steps to determine whether a police officer was properly certified or whether other issues could have affected the test results. By challenging the accuracy of breath test readings, we may be able to help clients defend against DUI convictions.

Challenging Blood Test Results

Blood tests may also be used in certain cases, including when a person is suspected of driving while under the influence of drugs. Blood samples must be drawn by qualified medical personnel, and they must be handled and stored correctly. Our team can determine whether there are any chain of custody issues, including gaps or errors in documentation. We may be able to raise questions about whether samples could have been contaminated or whether they were tested correctly. By identifying irregularities, we may be able to challenge the evidence used in a DUI case.

Other Defenses in Vienna DUI Cases

Our lawyers will look at what happened before and after a DUI arrest to identify the legal strategies that could be used to help our client resolve their case successfully. Some issues that we may address include:

• Lawfulness of the Traffic Stop: The Fourth Amendment protects people against unreasonable searches and seizures. A law enforcement officer must have a valid reason to pull a driver over. If a traffic stop was unlawful because there was no reasonable suspicion of DUI or another offense, our attorneys can take steps to exclude any evidence gathered after the stop began.
• Field Sobriety Test Reliability: While an officer may ask a driver to perform sobriety tests like balancing on one foot or tracking a moving object with their eyes, there are a variety of factors that could affect these tests. Issues like poor lighting or uneven pavement may be reasons to challenge an officer's interpretations of a person's actions or responses.
• Procedural and Constitutional Issues: Our attorneys can look at whether a person was read their Miranda rights, whether there were any other issues with how an arrest was conducted, and whether the proper procedures were followed by law enforcement officials. By highlighting violations of a person's rights, we may be able to have a case dismissed.

Contact Our Vienna, VA DUI Defense Attorneys

A DUI charge is serious, but it will not necessarily mean that you will be convicted. The decisions you make after an arrest for DUI can affect the outcome of your case. The sooner you secure legal representation from an attorney, the better positioned you will be to protect your rights and defend against a conviction.

At Robinson Law, PLLC, our attorneys understand what is at stake in your case. We have helped numerous clients defend against DUI charges in Fairfax County and the surrounding areas. We can fight for you, working to ensure that you will be able to put this situation behind you and move forward with your life. Contact Vienna DUI lawyers at 703-844-3746 to schedule a free consultation today.