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DWI/DUI Defenses

A DWI/DUI (driving while intoxicated/driving under the influence) ARREST is not the same thing as a DWI/DUI CONVICTION. Defenses may be  available to those who are being accused of driving while intoxicated. Listed below are examples of facts that should be carefully evaluated in your DUI/DWI case:

1) Field Sobriety tests. After pulling over a driver that a police officer suspects may be driving while intoxicated, the officer will most likely put the driver through one or more field sobriety tests. These tests can range from anything to saying the alphabet backwards, standing on one leg, or walking a straight line. While an officer can make an arrest solely on the results of these “tests,” the officer’s interpretation of the results of field sobriety tests can be challenged in court. No field sobriety tests are 100% effective, and even a sober driver would fail certain tests. The events at the scene of the stop, the tests that were used, and the officer’s training in conducting field sobriety tests are all circumstances that a DWI/DUI lawyer will evaluate when preparing to defend your DWI/DUI charge.

2) Breathalyzer Results can only be admitted if proper procedures are followed, the testing equipment is properly maintained, and the officer conducting the test is properly trained.

3) Blood test results can be, and often are the primary evidence used to obtain a DWI/DUI conviction. Virginia Law has specific procedures that are required in the administering of these tests, and if the proper procedures aren’t followed, the blood test can be excluded from the Commonwealth’s case. These procedures include those specified concerning the accuracy of the testing equipment, the qualifications of the doctor performing the test, and the procedures used for drawing, testing and storing the blood sample.

4) Officer’s conduct. The manner in which the officer stops you while driving, performs various DWI/DUI tests, and ultimately makes the arrest are all circumstances that could lead to a successful DWI/DUI defense. Virginia law requires officers to follow specific procedures to protect the rights of citizens, and when these are not followed, it can provide for a valid defense to a DWI/DUI accusation.

The combination of the law, medical results, and science are reasons why hiring an attorney knowledgeable about DWI/DUI cases can be a huge step towards successfully defending your DWI/DUI charge. If you are facing a DWI/DUI charge, schedule an appointment with a DWI/DUI defense attorney to be sure your rights are protected!


An outstanding job on my case to have custody, visitation and support decided in my home state instead of Virginia after I separated from military service.- A.E.