Should I Plead Guilty If I Got Caught Driving Drunk in Virginia?

You got caught driving drunk in Virginia. Is it time to plead guilty and accept the consequences of your mistake? Or, should you hire a Woodbridge DUI lawyer to represent you?

Regardless of the facts of your case, you should not plead guilty to driving under the influence (DUI) before speaking with a lawyer. Even if you were drinking before you got behind the wheel, you may have various defenses available, and, if you can’t avoid consequences entirely, seeking pre-trial diversion or a plea bargain could significantly mitigate the consequences of your arrest.

Potential Defenses to DUI When You Got Caught Driving Drunk in Virginia

There are several ways to defend against a DUI charge in Virginia—including ways you can defend against a DUI even if you got caught driving drunk. After learning all of the details of your case, an experienced Woodbridge DUI lawyer will be able to assess the viability of asserting defenses such as:

An Unconstitutional Traffic Stop

Under the Fourth Amendment to the U.S. Constitution, the police must have “reasonable suspicion” to conduct a traffic stop. This means that they must have reason to believe that a driver has committed (or is in the process of committing) a traffic offense or crime. So, while the police don’t necessarily need to pull you over on suspicion of drunk driving in order to conduct a DUI arrest, they do need to have a valid reason for stopping you.

If the police stopped you without reasonable suspicion, your traffic stop may have been unconstitutional. If your traffic stop was unconstitutional, this could render the Commonwealth’s evidence against you inadmissible in court. If prosecutors can’t use their evidence against you, they would be able to secure a DUI conviction—even if there is no question that you were driving drunk.

An Unconstitutional Arrest

In addition to needing reasonable suspicion to conduct a traffic stop, the police also need “probable cause” to make a DUI arrest. This requirement also exists under the Fourth Amendment, and failure to comply with this requirement can also render the Commonwealth’s evidence inadmissible in court.

Importantly, however, if your traffic stop was constitutional, then only the evidence obtained subsequent to your arrest will be deemed inadmissible (assuming you are able to challenge it successfully). So, for example, if the police have dash camera footage from before your arrest, prosecutors may still be able to use this evidence to prove that you were driving under the influence in violation of Virginia law.

An Unreliable Blood Alcohol Concentration (BAC) Reading

Let’s say your traffic stop and arrest were both lawful. If the prosecution’s evidence against you is not constitutionally inadmissible, can you still fight your DUI charge on other grounds?

While the answer to this question depends on the specific circumstances of your case, in many cases it will be “Yes.” For example, if you took the breathalyzer in compliance with Virginia’s implied consent law, prosecutors may be preparing to use your blood alcohol concentration (BAC) reading against you. However, BAC readings can be unreliable for various reasons, including (but not limited to):

Inadequate maintenance of the breathalyzer device
Improper calibration of the breathalyzer device
Improper administration of the breath test
Failure to explain the procedures for taking the breath test
Mouth alcohol, medical conditions, and other contributing factors

If your BAC reading is unreliable, it should not serve as proof of your guilt beyond a reasonable doubt. Remember, when you are facing a DUI charge, you do not need to prove you are innocent—you just need to prevent the prosecution from proving you are guilty. While this is easier said than done, if your BAC is the prosecution’s primary piece of evidence against you, challenging the reliability of your BAC reading could potentially help save you from a conviction.

Unreliable Evidence that You Were “Under the Influence”

In Virginia, prosecutors have two ways to prove an alcohol-related DUI. They can prove that your BAC was over the limit, or they can prove that you were driving “under the influence of alcohol.”

As a result, even if your BAC is unreliable (or prosecutors don’t have your BAC), you may still need to deal with various other forms of evidence to avoid a conviction. But just as BAC readings can be unreliable, other forms of evidence can be unreliable as well. When you hire an experienced DUI lawyer to represent you, your lawyer will be able to examine all of the prosecution’s evidence and assess whether it is sufficiently reliable to support a conviction at trial.

Insufficient Evidence of Guilt

Even if the prosecution’s evidence is both admissible and reliable, this doesn’t necessarily mean that prosecutors have enough evidence to convict you. If your DUI lawyer can expose any shortcomings in the prosecution’s case, this could be enough to save you from a conviction as well. With all that you have at stake, it is critical to make informed decisions about how best to approach the situation at hand.

Are You Eligible for Pre-Trial Diversion?

Another key factor to consider is that you may not need to fight your DUI to avoid a conviction. For example, if this is your first DUI, you may be eligible for pre-trial diversion. If you are eligible and you complete the pre-trial diversion program successfully, your case will be dismissed without a trial.

Is Seeking a Plea Bargain the Best Option in Your Case?

If you aren’t eligible for pre-trial diversion, you may also be able to avoid a conviction by negotiating a plea bargain with the prosecutor’s office. While accepting a plea bargain still has consequences, it does not have the same consequences as having a DUI on your permanent record. If this is an option that makes sense for you to consider, your DUI lawyer can explain everything you need to know.

Discuss Your Options with an Experienced Woodbridge DUI Lawyer for Free

If you got caught driving drunk in Virginia, we encourage you to contact us promptly to discuss your case in confidence. To schedule a free consultation with an experienced Woodbridge DUI lawyer as soon as possible, call 703-897-1777 or inquire online now.