From the moment you are pulled over for suspected DUI in Arlington, the officer is observing and gathering evidence to potentially build a case against you and make an arrest.
An Arlington police officer is trained to notice every last detail – from the way you were driving, your demeanor, to even the smell of your breath. To be subjected to that much scrutiny can be very overwhelming and intimidating.
This is compounded when you know any and everything you do or say can be used against you. You may not realize, though, that there are many guidelines officers must adhere to and operate under in order for all of the gathered evidence to be admissible in a case against you. An Arlington DUI lawyer can investigate your arrest and determine if the officer made any mistakes during the arrest process which could lead to a case dismissal.
In order to be pulled over for suspected DUI, an officer needs reasonable, articulable suspicion. This means the officer needs to have enough actual, reliable information to support the suspicion that a crime has been committed or that a traffic or equipment violation is ongoing. This standard is less stringent than probable cause.
With the exception of routine traffic stops or DUI checkpoints, an officer has to have a valid reason for pulling someone over. If an officer is unable to supply a valid reason, the individual’s local Arlington DUI lawyer can file a motion to suppress and have the case dismissed.
Similar to needing reasonable, articulable suspicion to justify being pulled over, an officer must meet the probable cause standard to justify an arrest. Just because an officer suspects someone of drinking and driving, it is not enough to make an arrest and have it admissible in a court of law.
In establishing probable cause, an officer will likely attempt to show indications of impairment from sobriety test results, a preliminary breath test confirming that alcohol has been consumed, and evidence that the tests were properly administered and devices were in perfect working order. For instances when a person may be impaired due to drugs, there are other signs that police officers will use to help them establish probable cause.
Without specific evidence to support the arrest, there may be opportunity to challenge the arrest for lack of probable cause and a trial judge may have an opportunity to dismiss an Arlington DUI case.
After a DUI arrest has been made, an individual will be taken to the police station where they will be asked to submit to a breath test on the EC/IR2 machine. In Arlington, under the “implied consent” law, a person is obligated to submit to this test or face an additional penalty.
Failure to do so can result in a civil charge, unreasonable refusal, the penalty for which is one year revocation of the individual’s driver’s license if convicted. However, these breathalyzer machines can be prone to malfunction and require regular maintenance. Failure to keep them properly maintained can result in inaccurate readings.
An Arlington DUI attorney can investigate on their client’s behalf to ensure that not only was the breathalyzer test properly administered, but also that the machine has been consistently calibrated, and is in perfect working order. Otherwise, the results could be deemed unreliable and the charge dismissed.
Because Arlington has a reputation for being strict on drinking and driving, many people believe if they have been arrested for a DUI, there is no point in spending resources on trying to fight the charge. This, however, is simply not true.
Many mistakes can and are made by arresting officers throughout the entire process, and a qualified DUI attorney in Arlington will work diligently in finding and documenting each and every mistake made in your case in an effort to get your DUI charge reduced or dismissed. Contact us today to get started.
Northern Virginia Criminal Defense Group
