Have you been charged with a DUI or DWI in Stafford? It’s a serious charge. That’s why you need an aggressive Stafford DUI lawyer.
Stafford DUI is tough
Stafford is a tough jurisdiction for anyone who is charged with a crime or traffic infraction. The prosecutors play hard ball, and they are very good at their job.
You definitely have a hard battle ahead of you, but you still have options.
Common defenses
I have written extensive posts about defense tactics and the preliminary breath test, but here are a few points to consider for your defense:
Was there actually probable cause to stop you and perform a DUI arrest? The police must have a “reasonable articulable suspicion” that you have committed a crime before they pull you over. If this is not present, the entire DUI charge will be thrown out.
Was the breath alcohol test handled properly? Most DUI defendants are given a breath alcohol test at the police station. But this test must be conducted in accordance with specific regulations. In addition, the equipment must be free from error.
Can we prove that you weren’t intoxicated? Virginia law gives the prosecution a “presumption” that you were intoxicated, if your breath alcohol level was .08 or higher. But we can counter that presumption as part of your defense. We can put on affirmative evidence that you were not actually intoxicated at the time you were driving.
Possible outcomes
A DUI can land you in jail. This depends upon several factors, such as:
- How many DUI’s you’ve had in the past
- Your blood alcohol content at the time of the traffic stop
- Your prior record for other convictions
Generally, if this is your first DUI and your blood alcohol content was less than 0.15, you probably will not serve active jail time. But if your blood alcohol content was 0.15 or higher, you are facing mandatory jail time, if you are convicted.
Also, regardless of your blood alcohol content, a first DUI conviction carries a mandatory minimum fine of $250. And you would have to complete treatment and monitoring through the Virginia Alcohol Safety Action Program. A one year license suspension is also mandatory, although you might be able to obtain a restricted driver’s license.
Call your Stafford DUI lawyer
I provide vigorous representation for people who are charged with a DUI. This is a serious charge, but it’s not the end of your life as you know it.
Call me today for a free consultation about your case and how I can defend you. It’s important to call soon, so we can begin preparing for your trial. The more time we have to work together, the better defense we can mount.
{ 2 comments… read them below or add one }
FYI: I believe there is a typo in your correspondence above. If the BAC is .15 or higher, not “higher than .15″ jail time is mandatory. I should know. I blew a .15 on Nov. 15 and go to court next week. First offense, no prior record, not even a speeding ticket and Im going to jail.
I wish I’d seen this site 3 mths ago. You’d be my lawyer now.
R Carey
@R Carey – Thanks for the comment. You’re 100% correct, and I’ve edited the post. That’s what I get for writing too quickly. Good luck with your case!