In order to make a legal arrest for a Virginia DUI, an officer must have "probable cause" for making the arrest. This means that there must have been some kind of proof of a Virginia DUI. While probable cause is not as strict as "proof beyond a reasonable doubt," it can be difficult for an officer to convincingly prove they had probable cause. A good Virginia DUI defense attorney may be able to prove that an officer did not have probable cause for your arrest, which in turn can get your DUI charges dismissed.

When an attorney submits a motion to suppress based on lack of probable cause, the judge can only look at the evidence leading up to your arrest-not any test results or testimony that occurred afterwards

This can be a significant advantage in your DUI defense. Without proof of probable cause, your DUI arrest can be declared invalid, and a judge will have no other choice than to dismiss your Virginia DUI charge.

If you have recently been charged with a Virginia DUI, you probably have a lot of questions about where to go from here. Visit our article library for more information on invalid arrests as a DUI defense.

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