Any Virginia resident with an arrest for driving under the influence (DUI) faces serious consequences if convicted. What if it’s your first time being charged with DUI? Is it possible to have your charges dropped? While a case dismissal is possible, it depends on the circumstances surrounding your arrest. An experienced DUI lawyer in Charlottesville, VA, can help you understand the individual factors in your case and how they affect your chances of a dismissal.
What Are the DUI Laws in Virginia?
It’s important to note that Virginia has strict punishments for those with a drunk driving charge. First-time offenders are at risk of sentences that include:
- Up to one year in jail
- Fines between $250 and $2,500
- One year of license suspension
- One year minimum using an ignition interlock device
Can You Get a First-Time DUI Charge Dropped in VA?
Yes, some cases may have legal grounds that qualify for a complete dismissal of a DUI charge. However, this outcome is not commonplace.
Retain a DUI Lawyer in Charlottesville, VA, to Start Building Your Defense
Establishing a strong legal defense strategy is no small task. If your ultimate goal is getting the court to drop your charges altogether, start by seeking legal counsel from a DUI attorney with the skill and experience to handle your case. Your lawyer will help you determine which legal tactics will be the most effective while acting in your best interest during such a challenging time.
Possible Legal Grounds for a DUI Case Dismissal in Virginia
1. Inaccurate Breathalyzer or Blood Test Results
The breath testing device police use to determine the level of blood alcohol concentration (BAC) requires regular calibration to prevent malfunction. Without this maintenance, there’s a potential for inaccurate results. Blood tests can also be subject to error, such as mislabeling or contamination during testing.
2. Unlawful Traffic Stop
Police must have lawful grounds to pull your vehicle over and prove they had reasonable suspicion of a criminal offense or moving violation. In cases where the police can’t show the initial traffic stop was valid, all the evidence obtained against you (i.e., breath test results) may be inadmissible in court.
3. Improper Police Procedure or Rights Violations
When police procedure isn’t followed correctly during a traffic stop or arrest, there’s a chance the prosecutor will drop the charges altogether. For example, failing to read Miranda rights before an arrest is a civil rights violation, which could qualify as legal grounds for a case dismissal.
4. Invalid Field Sobriety Test
Standardized field sobriety tests (SFST) require a properly trained officer to ensure accurate results. If your test was performed by an officer without the required skills and knowledge, this could weaken the prosecution’s case against you. Instances where the test was taken on uneven or rocky ground can also factor into a successful defense strategy.
Not every DUI arrest meets the necessary legal grounds for a case dismissal. Even first-time offenders face serious and long-lasting repercussions if convicted, including jail time, fines, or license suspension. If you’ve been arrested in VA for driving under the influence, don’t wait any longer to contact a DUI attorney to help you handle the next steps in your case. Contact La Fratta Law now at (804) 525-9181 to book a consultation with our team in Charlottesville or Richmond, VA.