Arlington DUI Lawyer
Contact an Arlington DUI lawyer if you have been arrested for driving under the influence of drugs or alcohol. A defendant can be convicted of driving under the influence if a prosecutor can prove his blood alcohol concentration was .08 or higher. However, there are defenses to a DUI charge a criminal attorney in Arlington can use, even with a chemical test showing blood alcohol levels above the limit.
An Arlington DUI lawyer can provide legal advice as you respond to your DUI charges. You have a limited amount of time to act to save your license, and your attorney can help you to fight the loss of your right to drive.
Your lawyer can explain defenses to DUI charges; help determine if your rights were respected during your traffic stop and search, and work hard to try to get charges dropped or get a verdict of not guilty. DUI cases require an understanding of both the law and the science behind chemical tests, and an experienced attorney can provide the knowledge you need to try to fight the conviction.
DUI Defenses in Virginia
A driver in Arlington can be convicted of DUI not only for having a BAC above the limit, but also for having drugs in his system. Any time a prosecutor can prove beyond a reasonable doubt that the driver was too impaired to safely operate a vehicle, it is possible for the prosecutor to secure a guilty verdict.
However, there is no guarantee that a prosecutor will be able to successfully make the case against you. DUI defendants have a number of options including:
- Arguing there was a problem with the chemical test that was administered. The test may have been administered by someone without proper training, the machine may not be working properly, or the evidence may have been contaminated.
- Suppressing evidence of the elevated BAC or other proof of intoxication if it was obtained illegally. Fourth Amendment rights prohibit an illegal search and prevent evidence from being used if police stopped a driver’s vehicle or administered a chemical test without probable cause.
- Claiming a rising BAC. Blood alcohol concentration keeps going up for a period of time after the last drink has been consumed. A defendant who is not tested immediately could argue his BAC was lower when he was driving than at the time of the test administration.
- Claiming insufficient proof of intoxication. A defendant doesn’t have to prove innocence. If an Arlington DUI lawyer makes the jury doubt guilt, you shouldn’t be convicted.
In addition to criminal charges, a defendant who has a BAC above the legal limit will face the automatic administrative suspension of his license. This occurs independently of any criminal proceedings. A DUI lawyer in Arlington can help you to try to prevent this suspension.
Contact an Arlington DUI Attorney Today
A first DUI can result in a fine and suspension of your license for a year. Subsequent convictions or a blood alcohol concentration above .15 can result in more significant penalties. Penalties can be avoided if you can secure a not guilty verdict or can be reduced if an Arlington DUI lawyer can negotiate a plea. Call today to learn more.