Conviction of a Virginia DWI offense can do more than affect your driving record — it can affect your future. It’s important to mount an effective defense in these cases because of the deleterious effect a conviction may have on your life.
There are many ways to argue or overturn a charge of DWI in Virginia. Here’s a small selection:
You may have been pulled over illegally: It is not illegal to weave within a lane of traffic — as long as you do not cross over the lines, you cannot be pulled over for that reason. In addition, there may have been inclement weather, high winds, or low visibility which might explain oddities in driving patterns.
Not only are many common field sobriety tests considered invalid by the National Highway Transportation Safety Administration, breathalysers are themselves unreliable, and subject to well-documented inaccuracies. Field sobriety tests are often inaccurate, and are totally invalidated if the subject is overweight, elderly, or has a medical condition. Finally, even blood tests are routinely mishandled, failing to follow set guidelines for testing, analysis and preservation.
Officers may not make misleading statements in order to secure a breathalyzer or blood test. They may not search a vehicle without probable cause. You cannot be suspended for drunk driving if you have not been on a public highway. In addition, a breathalyser test must be performed by an individual trained and licensed to run the equipment. The evidence is inadmissible if the operator’s license is out of date.
We will examine these and many more avenues of defense if you retain us as your counsel. To discuss your specific case, call us at for a free consultation at (703) 934-0101