Can a lawyer beat a DUI in Virginia if I was barely over the BAC limit?

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Question:

Can a lawyer beat a DUI in Virginia if I was barely over the BAC limit?

Answer:

Under Virginia DUI laws, there are a number of potential defenses you can raise to a DUI charge. You can:

  • Argue that there was no probable cause. If you weren't swerving or exhibiting behavior to suggest that you were intoxicated, it is possible to argue that the police officer who pulled you over had no probable cause to determine you were drunk
  • Argue that the field sobriety test that an officer conducted was inaccurate
  • Argue that the equipment used to conduct your DUI test was faulty or that the officer wasn't properly trained in using the equipment. This defense can work if the breathalyzer wasn't properly calibrated according to manufacturers instructions or if the officer missed DUI training sessions that he was required to undergo for certification
  • Argue that your BAC was rising, especially if you were not tested immediately upon request. Since your BAC continues to rise for a period of time after you finish drinking, if your BAC was close to the limit, you can assert that you were not actually over the limit at the time when you were driving

To maximize the chances of beating a DUI when you were close to the legal limit, it is a good idea to hire an experienced DUI criminal defense lawyer to help.

References:

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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