Proving that somebody is intoxicated is a very difficult, complex undertaking for the Commonwealth of Virginia. A number of DWI defense strategies exist depending on the facts of your Virginia DWI case. Some of the more common DWI defenses include:
Challenging the stop
The police officer must have a valid reason to have initially stopped your vehicle. If he/she cannot show that their reason was valid, the DWI case may be dismissed regardless of what happens after they stop you.
Challenging the DWI arrest
The police officer must have enough evidence to believe that you were probably intoxicated before they place you under arrest. If the police officer cannot show that they had enough evidence to prove that you were probably intoxicated, then there is a possibility that the case may be dismissed, regardless of what happens after you have been arrested.
Challenging the field sobriety tests
The police officer will typically administer a number of field sobriety tests. In court they can testify as to your performance on these tests. The idea being that poor performance on these tests may indicate a level of impairment by the driver. However, these tests are often inconclusive at best. If the officer doesn’t follow and strictly comply with established standards, the test results are even less conclusive.
Challenging the procedure
The collection and testing of breath or blood to determine blood alcohol content (BAC) is complicated and very well regulated. If the police failed to comply with any of the rules or regulations, the case may be dismissed or reduced.
These are just a small sample of possible Virginia DWI defense strategies. Call the Law Office of Faraji A. Rosenthall to discuss your case and see if any of these possible Virginia DWI defense strategies are applicable to your case. During his career as a Fairfax, VA prosecutor, Faraji Rosenthall personally handled over 1,000 Virginia DWI cases. Mr. Rosenthall is an experienced Drunk Driving Attorney.