In Alexandria, Virginia, there are two DUI-related offenses that someone may be charged with: driving under the influence and driving while intoxicated. Due to the difference between these offenses, it is important for those charged to understand which type of charge they are facing and consult with an Alexandria DUI lawyer as soon as possible to begin building a defense.
By having an experienced attorney in Alexandria who is knowledgeable in this area of law, the short and long-term consequences of the offense may be mitigated and an individual may be able to avoid the most serious repercussions. To discuss your case or begin planning a defense, call and schedule a consultation today.
There are unique local customs, rules, and procedures that make DUI cases in Alexandria unique. Furthermore, law enforcement officers heavily enforce DUI laws in the city because Alexandria is a place that has heavily traveled streets with high pedestrian and cyclist activity, as well as a number of places where locals and visitors alike consume alcohol.
In addition, DUI tends to be an area of focus for officers since DUI cases can impact the safety of the public. Therefore, whenever someone is injured as a result of a DUI accident, which they had no fault in, there is an outcry for the enforcement of DUI laws. It is a simple measure for local law enforcement to use their resources toward DUI enforcement in order to prevent these types of accidents and prosecute people who are violating this public safety law.
In order to enforce DUI laws, law enforcement will use a number of tactics including DUI checkpoints. The local roads where these checkpoints may appear include King Street, Duke Street, the local interstate 95, Route 1, George Washington Parkway, and other local roads.
If you are stopped for suspicion of DUI in Alexandria, typically you will be pulled over and an officer will approach the vehicle. The officer will then likely ask questions, such as where you are coming from or going, and may ask for your license and registration. While this is taking place, you can expect that the officer is gathering information including making observations about your appearance and smelling the potential odor of alcohol.
It is very common that in Virginia DUI cases, especially DUI cases that may involve drugs, that an officer will ask for consent to search your vehicle. However, it is almost always in the best interest of those being questioned not to consent. This doesn’t necessarily mean that your vehicle won’t be searched, but if a search is done illegally a DUI attorney in Alexandria may be able to use that as a defense.
Whenever someone is stopped for suspicion of DUI, they will typically be offered a field sobriety test, also known as FSTs, and the preliminary breath test, also known as the PBT. However, as an Alexandria DUI attorney will tell you, it is important to know that these tests are voluntary and that you cannot be compelled to perform them. If you refuse these tests in Alexandria, you incur no additional charges, and your refusal of the test cannot be used against you. With that said, if you are arrested for suspicion of DUI, you will then be read the implied present statute, which may trigger your requirement to either take a breath test or have an additional charge.
Contrary to what many believe, you do not need to have a 0.08 BAC to be charged with a DUI. In fact, you do not even need to have a discernible BAC or go and test at all to be charged with DUI. Typically, the breath test comes after you are arrested for suspicion of DUI, but not before you are actually charged. This can be based upon a person’s performance and the observations of an officer, field sobriety tests, and answers to questions. All of this can ultimately result in a DUI charge even without a breath test.
There are many different aspects of a DUI case that must be looked at when building a defense ranging from the initial stop all the way to the breath or blood testing and how it was performed. Therefore, in order to ensure that your case has been looked at as thoroughly as possible it is important to consult with an Alexandria DUI attorney as soon as possible. To begin building a defense for your case, call and schedule a consultation today.
Northern Virginia Criminal Defense Group
