The basic legal definition of driving under the influence (DUI) in Virginia states that you are considered to be intoxicated if your blood alcohol content (BAC) is 0.08% or higher. This applies to motor vehicles, boats, and other watercraft as well.
In Virginia, an individual can be arrested for a DUI even if they are not actually driving. In Virginia, a “driver” or an operator is the individual who drives or is in physical control of the motor vehicle. Virginia law states that if an intoxicated person is seated behind the steering wheel of a car on a public highway, they are actually in control of the vehicle and can therefore be charged with DUI.
DUI cases can occur even if the person is in a parking lot or on private property. For example, law enforcement officers commonly come upon individuals who are sleeping in a parking lot, but when tested, their blood alcohol content is sufficient to warrant an arrest for DUI. In other cases, a key simply being in the ignition of the car is enough to legally make an arrest for DUI, as it can be argued that you were in physical control of the car.
A knowledgeable attorney understands that there could be several factors that could be present in your DUI case that may cause it to be thrown out of court. Some of these include:
The officer that pulled you over is required by law to have what is termed a reasonable suspicion that you were driving under the influence. If it is determined that an officer did not have probable cause to pull you over, the case can be thrown out of court.
If the field sobriety test and the breathalyzer were administered to you incorrectly, these results can be challenged. If the test results are deemed to be unreliable, then the case will be thrown out, as there is no evidence to support the contention that you were driving under the influence of alcohol.
The aftermath of a DUI conviction can have long-lasting consequences in both your personal and professional life. Our experienced DUI attorneys understand that both the arresting officer and the prosecution can make mistakes that can potentially help us to win your DUI case. A knowledgeable attorney can look at all the evidence that is presented in your case and see where possible errors occurred along the way. We can work on challenging all aspects of your DUI case, from the initial stop all the way to the breathalyzer. Contact our law firm and schedule a consultation with us to discuss your case. We understand that mistakes can happen, and we look forward to assisting you with your case.
With an office near Town Center, Virginia Beach and a second location beside the Chesapeake courthouse, our team provides quality legal representation across the entire Hampton Roads Area.
Parks Zeigler, PLLC – Attorneys At Law
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