The following is information on how to build the strongest possible defense for driving under the influence charges in Loudoun County. To learn more schedule a consultation with a Loudoun County DUI lawyer.
The very first step in building a strong defense for any DUI case is to know all the information. That means subpoenaing potential videos of third-parties and requesting discovery from the Commonwealth Attorney and the law enforcement official. It also means asking the client for a lengthy interview regarding their alcohol consumption behavior, their memories of the DUI stop, and any witnesses that may have been present.
The two most common constitutional issues that come up in DUI cases are: (1) search and seizure issues and (2) confrontation clause issues. Search and seizure issues come up in the context of whether or not the officer had reasonable, articulable suspicion to pull you over in the first place and probable cause to detain and arrest you. Confrontation Clause issues come up when the prosecution tries to use machines to “testify” against you through the information that they produce. Confrontation Clause issues come up in the use of this breath test analysis. The case of Melendez-Diaz v. Massachusetts has changed the landscape of confrontation clause issues for DUI cases and the Virginia legislature has filed a statutory response to this Supreme Court decision to help protect your rights and defend your constitutional interests.
If there are constitutional issues in your case and they’re in your favor, you may be able to exclude or suppress certain evidence. To raise a constitutional issue, it’s commonly done through a pre-trial or special motion that, depending on the case, or it may be heard within the body of the actual trial. If there’s a constitutional issue, it may also lead to a favorable plea bargain scenario where the prosecutor is willing to make a favorable deal with you, because they may lose the entire case on a constitutional issue.
If you are charged with DUI-D the best thing that you can do is contact an experienced DUID defense attorney. An attorney cannot promise to Also, our job is to make sure you receive the very best representation as possible, regardless of whether or not you choose to negotiate with the Commonwealth or ultimately take your case to trial.
A Loudoun County DUI lawyer can also refute many misconceptions on breath tests in Loudoun. The most common is that there are simple methods to defeat breath tests such as putting a penny in your tongue, chewing gum, giving a slow breath or sucking air back in as you give your breath test. These internet hacks to breath tests are unreliable, they are not scientifically sound, and likely will result in a failed test.
In addition, there is a misconception that these tests are completely foolproof, that they are completely reliable. Each test has a potential degree of error and certainly any scientific test by its very nature will have a certain margin for errors. The common hacks for the tests and that they are infallible are two common misconceptions.
Typically, breath machines have a very high measurement of certainty, well above 95%. There is always a certain level of uncertainty in these machines, however. That standardized value is included in the results of any breath test.
The most notable test that is less accurate is the breath test that is administered in the field, also called the Preliminary Breath Test or Portable Breath Test, which is abbreviated as PBT. This test is in fact so unreliable that it is not allowed to be mentioned in a trial for determining guilt or innocence.
In addition to my record of favorable experiences with Loudoun County DUIs, clients choose to work with me for a variety of reasons.
First, I’m an effective communicator in letting them know what to expect before court, during court, and in the post-court period of their representation.
I’m skilled at understanding DUI cases, breaking them down, and letting clients know where potential defenses may lie—as well as where potential aggravating factors may lie that you may want to mitigate or attempt to smooth over if possible.
I’m very honest with the client in my DUI assessment and I give them frank, earnest discussion about their chances at a DUI trial versus their exposure to harsh penalties, if that’s the nature of their case. Additionally, I’ve received specific training in handling and defending DUI cases. My training includes advanced training in field sobriety techniques, advanced training in DUI detection, and advanced training in the proper usage and calibration of the ECR/II machine.
Northern Virginia Criminal Defense Group
