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How Can I Get My Virginia DUI Case Dismissed? (Part B)

Invalid Arrest

Another argument that your Virginia DUI attorney may use to challenge your DUI charges is that of an invalid arrest. While an officer must only show reasonable suspicion for making a traffic stop, they must have greater proof for making an arrest, which is known as probable cause. If your attorney can prove your arrest was invalid, they can file a motion that would prevent the judge from considering any evidence the police gathered after your arrest took place.

This means that any blood alcohol content (BAC) test results or testimonies that were obtained after your arrest cannot be used to determine probable cause. If all the evidence that could convict you was obtained after your invalid arrest, the judge cannot use that evidence against you and your case may be dismissed.

Officer's Observations

An officer's observations can also be challenged by an attorney. For example, you can refute claims that you smelled of alcohol, had bloodshot eyes, or slurred your speech. A good Virginia DUI attorney can argue that: 

  • Alcohol is in fact odorless
  • Perhaps your eyes were bloodshot because of other reasons, and the officer did not have knowledge of how your eyes typically look
  • Perhaps your normal pattern of speech is often slow or even slurred 

Unfair Field Sobriety Tests

Field sobriety tests are often unreliable, unscientific, or just plain unfair. In addition, an officer doesn't know how you would perform on these tests in other less stressful circumstances. Perhaps your balance is never very good, or you were just too nervous the night of your arrest. These tests are inaccurate, unpredictable, they are easy to fail, and they are not a definitive measure of sobriety.

Blood and Breath Tests

There are also issues with blood and breath tests that your Virginia DUI attorney can question in court. Problems with breathalyzers have lead to the dismissal of hundreds of DUI cases. Breathalyzers are not the reliable scientific instruments that police and prosecutors would have you believe!

Do You Have a Trustworthy Defender on Your Side?

If your Virginia DUI attorney is an expert in his field, then he should know what arguments may help you beat your Virginia DUI charge.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts