Facing a DUI in Woodbridge? Here Are 10 Things NOT to Say in Court

When you face a DUI in Woodbridge, avoiding unnecessary consequences requires an informed, strategic defense. If you say the wrong thing, you could end up facing serious consequences that you could (and should) have avoided. An experienced Woodbridge DUI lawyer can help you avoid saying the wrong thing, and your lawyer can communicate with the judge on your behalf after determining what defenses you have available.

What NOT to Say When You Are Facing a DUI in Woodbridge

What should you not say to the judge when you are facing a DUI in Woodbridge? Here are 10 all-too-common statements that can lead to a life-altering DUI conviction:

1. “I Only Had One Drink.”

Even if this is true, it doesn’t matter if you were too drunk to drive. No matter how much you had to drink, if your driving abilities were impaired, you are at risk of facing a DUI conviction. As a result, admitting to drinking any amount and then getting behind the wheel can be extremely dangerous in your DUI case. While you cannot perjure yourself and lie about drinking, you can exercise your right to remain silent and not say anything at all.

2. “I Was Just a Little Buzzed.”

Likewise, saying that you are “just a little buzzed” will not protect you from a DUI conviction. This is even worse than saying that you just had one drink, because it acknowledges that you were feeling the effects of alcohol consumption. Even if your blood alcohol concentration was below the legal limit, if you were impaired to any extent, driving was against the law.  

3. “I Didn’t Realize I Was Too Drunk to Drive.”

In DUI cases, ignorance is not a defense. In other words, it doesn’t matter whether you realized you were too drunk to drive. Under Virginia law, driving under the influence is a “strict liability” offense. This means that if your BAC was over the legal limit or you were driving under the influence of alcohol, you are at risk of facing a DUI conviction.

4. “I Thought I Waited Long Enough Before Driving.”

This is similar to saying that you were just a little buzzed or that you didn’t realize you were too drunk to drive. Even if you tried to do the right thing, if you drove under the influence, you can face a DUI conviction in Virginia. Since your decision-making abilities are impaired when you are under the influence, making the wrong decision about being sober enough to drive does not protect you against facing the consequences of your mistake.

5. “I Had No Choice But to Drive.”

The fact that DUI is a “strict liability” offense in Virginia also means that needing to drive is not a defense to criminal culpability. Even if you truly had to get somewhere and you truly had no choice but to drive yourself, you can still be convicted of DUI in Woodbridge. Additionally, with the availability of rideshares and other means of transportation, the judge is likely to view any claim that you had no choice but to drive with a good amount of skepticism.

6. “I May Have Been Intoxicated, But I Was Still Driving Safely.”

Unless your lawyer advises you otherwise, it is never a good idea to admit that you were intoxicated in court. Being able to drive safely despite being intoxicated is not a defense to DUI in Virginia. Under Section 18.2-266 of the Code of Virginia, you can be convicted of DUI based on either: (i) having a BAC of 0.08 percent or above; or (ii) being under the influence of alcohol.

7. “I May Have Been Driving Recklessly, But My BAC Wasn’t Over the Limit.”

For this same reason, you should not admit to driving recklessly while attempting to rely on the fact that your BAC wasn’t over the legal limit (or that you didn’t take the breathalyzer). While relying on a high BAC is one way that prosecutors can prove you were impaired, prosecutors can use various other forms of evidence to prove impairment as well. These include reckless driving behaviors that are indicative of impairment.

8. “I Was On Private Property.”

There is a common misconception that you can’t be charged with DUI if you were on private property. If you look at Section 18.2-266 of the Code of Virginia, you will see that it makes no mention of where you can be arrested. This means that you can be arrested for DUI on private property—including parking lots, neighborhood streets and even your own driveway.

9. “The Police Didn’t Pull Me Over for Drunk Driving.”

There is another common misconception that the police can only charge you with DUI if they pull you over for drunk driving. But, as long as your traffic stop is lawful, it doesn’t matter why the police pulled you over. If a police officer identifies signs of alcohol intoxication during a traffic stop, the officer can conduct a DUI arrest even if the reason for the stop did not involve suspicion of drunk driving.

10. “I Promise Not to Drink and Drive Again.”

Finally, promising not to drink and drive again will not save you from a DUI conviction in Woodbridge. First and foremost, this involves admitting to drinking and driving, which generally is not something you want to do when you are facing a DUI. Second, while judges will consider defendants’ efforts to reform their behavior in some cases, simply promising to do better isn’t enough.

Discuss Your Case with an Experienced Woodbridge DUI Lawyer for Free

If you are facing a DUI in Woodbridge, we strongly recommend that you speak with an experienced DUI lawyer before attempting to represent yourself in court. You have too much at stake to take unnecessary risks. To speak with an experienced Woodbridge DUI lawyer at our firm in confidence as soon as possible, call 703-897-1777 or request a free consultation online now.