How Can You Defend Against a DUI in Prince William County?

If you are facing a DUI in Prince William County, you need to be very careful. In Virginia, DUIs carry serious consequences, and even simple mistakes can cause you to face these consequences unnecessarily. Being careful starts with making informed decisions, which means you need to discuss your case with an experienced Prince William County DUI attorney as soon as possible.

When you discuss your case with an experienced Prince William County DUI attorney, your attorney will walk you through the potential defenses to your DUI charge. One of the biggest mistakes you can make is failing to identify defenses you have available. Identifying potential defenses requires a clear and comprehensive understanding of both (i) the facts of your case and (ii) the Virginia laws and constitutional protections that apply.

7 Potential Defenses to a DUI in Prince William County

So, how can you defend against a DUI in Prince William County? Once you hire an attorney to represent you, some examples of potential defenses your attorney will be able to discuss with you include:

1. An Illegal Traffic Stop

The police can only conduct a traffic stop if they reasonably suspect a violation of the law. If the police stopped you without reasonable suspicion (i.e., if they profiled you), your traffic stop may have been unlawful. If your traffic stop was unlawful, prosecutors may not be able to use their evidence against you in court.

While there are exceptions (e.g., DUI checkpoints), they apply only in limited circumstances. Your attorney will be able to explain everything you need to know.

2. An Illegal Arrest

Even if the police conduct a lawful traffic stop, they can only place you under arrest if they have probable cause to believe that you have committed a crime. If the police arrested you without probable cause, this could also render the prosecution’s evidence inadmissible in court.

3. Inaccurate BAC Reading

In many DUI cases, one of the strongest pieces of evidence available to the prosecution is the defendant’s blood alcohol concentration (BAC) reading. However, BAC readings can be—and often are—inaccurate for a variety of different reasons. If you took the breathalyzer and blew a “false positive,” this should not result in a life-altering DUI conviction.

4. Unreliable BAC Reading

Likewise, if it is not clear whether your BAC reading is accurate, prosecutors should not be able to use your BAC reading to secure a conviction in court. As with all types of criminal cases, the prosecution has the burden of proving your guilt beyond a reasonable doubt. If your BAC reading is unreliable for any reason (i.e., because the breathalyzer device wasn’t properly calibrated), this could also provide a defense in court.

With that said, a reliable BAC reading is not necessary in all cases. Under Virginia law, prosecutors can secure a conviction by proving that your BAC was over the legal limit or by proving that you were driving “under the influence of alcohol.” As a result, even if you have grounds to challenge your BAC, you may still need to assert other defenses to avoid a conviction.

5. Unreliable Field Sobriety Test Results

The field sobriety tests are unreliable for various reasons. However, this does not stop the police from using them to make arrests, and this does not stop prosecutors from using them to seek DUI convictions at trial. If you “failed” the field sobriety tests during your DUI stop, your attorney can challenge your purported “failure” in court.

6. Failure to Follow Proper Arrest Procedures

The police are required to follow various procedures when conducting DUI stops and making DUI arrests in Virginia. If the police failed to follow any of these procedures during your stop or arrest, this could provide grounds to challenge the prosecution’s evidence against you as well.

7. Insufficient Proof of Guilt

Regardless of the facts of your case, it is up to the prosecution to prove that you are guilty. If prosecutors cannot meet their burden of proof, you are entitled to have your DUI charge dismissed. After examining the facts of your case, your attorney will be able to assess whether prosecutors have the evidence they need to convict you.  

Understanding Your Options for Avoiding a DUI Conviction in Prince William County

When you are facing a DUI in Virginia, making informed decisions doesn’t just require knowledge of the defenses you have available. It also requires knowledge of the options you have to avoid unnecessary consequences. Depending on the circumstances of your case, your options may include:

• Pre-Trial Diversion – If you are eligible for pre-trial diversion, you may be able to have your DUI charge dismissed without going to trial, even if you were drunk behind the wheel. Your attorney can determine whether you are eligible for pre-trial diversion and, if so, explain what this process entails.
• Pre–Trial Dismissal – If the police stopped you without reasonable suspicion or arrested you without probable cause, you may have grounds to seek dismissal of your DUI prior to trial. Various other issues can also provide grounds for seeking pre-trial dismissal.
• Plea Bargaining – If seeking pre-trial dismissal is not a viable option in your case, seeking a plea bargain could be your best option under the circumstances at hand. If it makes sense for you to seek a plea bargain, your attorney can negotiate with the prosecutor’s office on your behalf.
• Acquittal at Trial – Regardless of the facts of your case, you have the right to fight for a “Not guilty” verdict at trial. While there are no guarantees, if your attorney can expose flaws in the prosecution’s case, your attorney may be able to help you secure an acquittal.

Schedule a Free Consultation with a Prince William County DUI Attorney Today

Are you facing a DUI in Prince William County? If so, we encourage you to contact us promptly for more information. Call 703-897-1777 or contact us online to schedule a free consultation with an experienced Prince William County DUI attorney today.