Common DUI Defenses in Fairfax, VA
Though many people believe DUIs are relatively minor offenses, a conviction can have a major impact on your life. You can lose your driving privileges, pay fines, be subject to probation requirements, and have difficulty obtaining future insurance or even some jobs. These are only a few reasons why you never want to represent yourself in a DUI case. Moreover, you should make certain that you hire an experienced Fairfax traffic violations lawyer who knows how to defend DUI charges to represent you. Defending DUI charges is much more complicated than simply deciding whether or not to plead guilty and a qualified DUI attorney will fight the charge at its core.Common Defenses to DUI Charges
Usually the only concrete evidence that you were driving while under the influence of alcohol or drugs is the results of tests performed by the police officers at the time of your arrest. These tests are not always accurate and often performed incorrectly. If the tests can be disproved there will be no other evidence against you and the charges will likely be dismissed. Common attacks on police testing include:
- Field Sobriety tests: tests including physical and mental tasks that are performed on the roadside to help the officer determine whether you are intoxicated. In order to be conclusive, however, these tests must strictly follow the guidelines in police training manuals. Many officers are not familiar with all of the guidelines or simply choose not to follow them. If the test was not performed correctly, the results cannot be used against you.
- Breathalyzer tests: breathalyzers can be faulty and can have inaccurate readings. If the breathalyzer used during your arrest is shown to malfunction in future police encounters, the results of the breathalyzer will not be conclusive and will be thrown out.
- Blood tests: if you refuse a breathalyzer test, many police departments have been known to draw a blood sample for testing in the lab. However, the United States Supreme Court recently held that warrantless blood tests are unconstitutional except for under certain circumstances. The constitutionality will be determined on a case-by-case basis, and therefore your attorney should always try to argue that a blood test without a warrant violated your rights.
If you have been charged with DUI or any other traffic violations, there are many possible defenses you can use in court. Contacting a Fairfax traffic violations lawyer to represent you is imperative because he will know how to investigate your case and present your defenses to the court. Wilfred Ward Yeargan is a qualified and dedicated traffic and DUI attorney who knows how to best handle your case.