Go to navigation Go to content
Phone: 804.673.5600
Bob Battle Law

Get Help Now

Need Help? Have Questions? Fill out the quick contact form below and we'll will be in contact soon!

Invalid Arrest as a Legal Defense in a Virginia DUI Case (Part A)

No matter what the circumstances were for your Virginia DUI, you should take the time to investigate the validity of your arrest. By arguing factors such as probable cause, you may affect the outcome of your case or even get your DUI charges dismissed. With an expert Virginia DUI defense attorney, a solid defense, and proof of an invalid arrest, you may convince a judge to throw out your Virginia DUI charge.

How might probable cause affect my Virginia DUI case?

Your Virginia DUI arrest must be supported by some kind of actual, valid proof. In legal terms this proof is generally known as "probable cause." If an arresting officer lacks such proof, then an attorney can submit a motion to suppress due to lack of probable cause.

If this motion is granted, then the officer may submit any evidence that was obtained prior to the arrest. However, any evidence that was obtained after the arrest may not be used in this determination. This includes testimonies that were made, and blood or breath test results that show you were above the legal Blood Alcohol Content (BAC) limit.

Therefore, in a motion to suppress your DUI arrest due to lack of probable cause, your intoxication is not in question. The question is whether or not the officer has made an invalid arrest. If your arrest is invalid, your DUI charges will be dropped.

Proving Probable Cause Can Be a Challenge

Even though probable cause is a lesser standard than "proof beyond a reasonable doubt," it can be difficult to effectively argue that there was probable cause for your arrest. The burden is on the state to prove the validity of the arrest. If the prosecuting attorney does not effectively argue a valid arrest, then a Virginia DUI defense attorney can show that there was no probable cause involved. And again, if there was no probable cause for the officer to make the arrest, then your charge must be dismissed in a Virginia court of law.

Continue to Next Page >>

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