What Are the Legal Defenses for a First-Time DUI Offense?

What Are the Consequences of a First-Time DUI Offense in Central Virginia?

Driving under the influence (DUI) of alcohol or illegal drugs is a severe offense in Central Virginia. If caught for a first-time DUI, you could face charges for a Class 1 misdemeanor. The possible penalties upon conviction include, but are not limited to:

•         A minimum fine of up to $250 and a maximum of up to $2,500
•         A mandatory jail term of 5 days if the blood alcohol concentration (BAC) level was between 0.15 and 0.20. The term can increase to 10 days if your BAC exceeds 0.20.
•         Driver’s license revocation for one year
•         A possibility of increased auto insurance premiums
•         Ignition interlock installation depending on the case specifics
•         A mandatory alcohol education class

Defense attorneys in Central Virginia add that a first-time DUI could also have long-term consequences on your personal life. For example, a DUI conviction on your criminal record can’t be expunged and can impact your ability to find employment, housing, and education opportunities. You may also suffer social stigmatization or embarrassment.

You can minimize or avoid these penalties by creating a strong defense strategy against DUI charges. Skilled Richmond DUI lawyers can guide you through the complicated process and help you fight to have the charges dismissed to protect your rights and future.

How Can I Defend Myself Against DUI Charges?

Given the high stakes of getting a DUI conviction, you should not be casual about the charges. Instead, consider retaining the services of aggressive DUI attorneys in Richmond to help you beat the charges. After evaluating your case circumstances, they can help you apply one or more of the following defenses:

Illegal Traffic Stop and Search

The law stipulates that law enforcement officers can’t stop you unless they have reasonable and articulable grounds to believe you have violated a traffic law. You also can’t be arrested unless a violation has happened. An officer must show they had an objective reason to make the traffic stop and also justify the arrest and seizure of any evidence obtained.

In all criminal cases, the prosecution has the burden of proving that the evidence obtained was seized lawfully and in compliance with the Constitution’s Fourth Amendment. If your defense attorneys discover that a police officer stopped you on a hunch or simply because you were driving late at night, they can fight to beat the charges based on a violation of your rights.

Lack of Probable Cause

Richmond DUI attorneys say that a police officer must have probable cause to arrest you for a DUI. They must have observed drunk-related behaviors such as slurred speech, careless driving, failure to pass field sobriety tests, a smell of alcohol on your breath, or staggering movement as you walk.

If police lack probable cause to arrest you, your legal team can challenge the stop, seizure, and evidence obtained against you. Poking holes in the prosecution’s evidence can be challenging, so you should work closely with aggressive defense attorneys in Central Virginia to navigate the intricacies.

Inaccurate Breath Alcohol Testing

Before law enforcement officers can charge you with a DUI, they must take a breath test, also known as a breathalyzer. The test determines the particles of breath alcohol in your lungs to determine your BAC. Unfortunately, this indirect measurement of your blood alcohol content can lead to inaccurate readings, as a single test by itself isn’t sufficient to determine your BAC.

DUI attorneys explain that factors such as variances in body temperature and underlying medical conditions during the test administration could result in false high readings. An instrument with only a 10% error margin can give substantially high yet false readings. Your defense lawyers can identify breath test issues that could help you produce a valid defense against the DUI charges.

Inaccurate Field Sobriety Test

Police officers can administer field sobriety tests after stopping you on suspicion of drunk driving. Examples are the Horizontal Gaze Nystagmus (HGN) and the one-leg stand. Skilled DUI lawyers in Richmond can challenge the procedure the police used in conducting the tests and get the judge to determine that the results are inadmissible.

Violation of Your Constitutional Rights

Even if you’re accused of a crime, the Constitution provides some crucial rights to protect you from abuse during your arrest and through trial. The police should read your Miranda rights during arrest and before custodial interrogation, which include:

•         The right to remain silent
•         Anything you say could be used against you in court
•         You have a right to have an attorney present
•         A lawyer will be appointed to you if you can’t afford one

If the police didn’t provide a Miranda warning, your lawyers can fight to have any information the police obtained from you dismissed. However, there could be an exception, such as when you’re a danger to public safety or voluntarily provide information before interrogation. Police can also ask for basic information, such as your name and address, without the Miranda warning.

A Skilled DUI Attorney Helping You Fight First-Time DUI Charges

If you’re arrested for a DUI, whether for a first or subsequent time, don’t try to fight the charges alone. Navigating the criminal legal system can be complex, as many factors are involved in trying to avoid a conviction. Aggressive DUI lawyers in Richmond can help you develop a solid defense strategy.

Central Virginia defense lawyers at the Jurach, Tacey, & Quitiquit, PLC, can evaluate your case specifics and guide you within a legal framework. Our team understands how frightening it can be to face criminal charges, and we work hard to fight for a favorable outcome for our clients. Don’t suffer in silence while we can work with you to protect your freedom. Call us at 804-531-5524
for a FREE consultation.