A DUI can be a very serious thing. Not only is the social implication of driving under the influence a stressful burden and a horrible embarrassment, but you could get suspended or worse, depending on your line of work. If you’re in a high-character firm or company, you may be fired outright. You could also lose your driving privileges, pay exorbitant fees, and even face jail time as a felon.
What Constitutes a DUI?
According to the CDC, a DUI can be issued once your BAC reaches 0.08 percent or higher, and the risk is greater among people aged in their early twenties. In Virginia, the BAC average for a DUI conviction was 0.1416 in 2014, according to the DMV. However, not all DUI charges are issued to intoxicated individuals – often, other factors lead to a DUI arrest, which may be contested
There’s a lot on the line when a DUI charge is issued. If convicted, you’ll carry the consequences of that conviction heavily for years at least – so ensuring you’re as protected as possible is paramount to saving your reputation, and perhaps even your job.
How Can You Beat it?
So the obvious question is – how can a DUI charge be beaten? First, let’s look at what a DUI charge entails. Usually, it all begins with an arraignment hearing. This is a typical hearing wherein your charges are read to you by a court, and you get the opportunity to enter a plea of no contest, not guilty, or guilty. Pleading guilty cannot be reversed; most people enter a plea of not guilty.
The next stage of the process is a preliminary hearing presenting the evidence against you, pre-trial motions wherein you can challenge that evidence, and finally the trial, wherein you can defend yourself against your charges and receive the final verdict from a present jury.
Challenging a DUI charge means undermining the credibility of the arrest’s circumstances – by, for example, questioning the legality of the stop itself. If you were stopped without reasonable suspicion or outside a sobriety checkpoint, the evidence against you may not be admissible in court.
Then there’s the fact that sobriety field tests are not perfect. Being overweight or possessing a certain medical condition can affect coordination and balance, while the unexpected side effect of prescribed medication is not grounds for a DUI charge.
There are other ways to combat a DUI, such as arguing compromised evidence within a complicated chain-of-custody, or arguing that a DUI checkpoint arrest was not legally legitimate. To get the best chance possible in court, prioritize getting your hands on the best DUI lawyers in Roanoke, VA.
Steidle Law is a VA-based law firm with a focus on satisfied customers. With thousands of closed cases, they’re experienced and success-driven.
