Ashburn, VA DUI Lawyer

Client-Focused Attorney Raising Strong Defenses to Drunk Driving Charges in Ashburn, Virginia

Getting arrested for DUI does not automatically mean that you are going to be found guilty in court. Even if you were allegedly driving with a BAC of 0.08 percent, you might still have a valid legal defense against DUI charges. There are a lot of rules the police have to follow in order for the evidence they gathered against you to be admissible in court. Anything from a constitutional issue with the original traffic stop to a mistake in administering chemical BAC tests can significantly weaken or destroy the state's case against you.

As you address DUI charges, you will need a well-qualified lawyer to review the facts of your case. Even if the evidence against you truly is insurmountable, there is still a lot an experienced attorney can do to protect you, such as negotiating a plea bargain to have your charges reduced to a lesser traffic offense.

Noorishad Law, P.C. focuses on achieving the best possible results in every case. We take on a limited number of cases so that Attorney Kaveh Noorishad can give his full attention to each client. Our firm can handle even the most challenging of DUI cases. Attorney Noorishad is well-versed in mitigating the impact of cases and helping clients protect their driving privileges. He never gives up, and he will keep fighting for you from the moment you contact him after your arrest until your case is completely resolved.

Getting DUI Evidence Thrown Out

One of the most powerful DUI defense strategies involves having the state's most important evidence excluded from court. Excluded evidence cannot be used to help convict you. A few reasons evidence might be excluded include:

• Chemical Testing Errors: The procedures law enforcement officials must follow when collecting a breath sample or handling blood test evidence are extremely detailed and specific. If an officer made a mistake, such as using a breath test machine that had not been properly calibrated or even keeping a radio in the room while administering the test, the results may be unreliable.
• Forced Chemical Testing Compliance: Although you could face a civil penalty for a first refusal to submit to testing or misdemeanor charges for subsequent refusals, you cannot be forced to submit against your will.
• Unfair Field Sobriety Tests: Sometimes, there is a perfectly good explanation for why you "failed" a field sobriety test. Having a medical condition that affects your balance, a mental health condition that affects how you behave in a high-stress situation, or taking the test in inclement weather could all explain why you did not perform well.
• Unconstitutional Traffic Stop: The police can only pull over a driver if they have a reason to suspect that the driver or someone else in the car is breaking the law. Police officers occasionally pull people over for unconstitutional reasons, such as having a gut feeling that the driver is intoxicated or thinking that the vehicle looks out of place. If a traffic stop was not based on a valid reason, any evidence collected during the stop could be thrown out of court.

Plea Bargaining in DUI Cases

Accepting a plea bargain is sometimes the best option in a DUI case where the evidence is overwhelming and cannot be excluded. If you agree to a plea bargain, your charges may be reduced to a lesser offense like reckless driving. However, you would have to plead guilty to the reduced charges.

The advantage of plea bargaining is that you can avoid a DUI conviction and the harsh penalties that come with it. You will likely receive reduced sentencing that is unlikely to include jail time. Receiving a favorable plea bargain can be much harder—but not impossible—if you have been charged with multiple DUI offenses.

Other DUI Defense Strategies

Some other options for defending against DUI charges may include:

• Involuntary Intoxication: If you were given an intoxicating substance without your knowledge or consent, you may not be held responsible for choosing to drive afterwards.
• Necessity: In some cases, driving while intoxicated may be justifiable because it was necessary to prevent an imminent greater harm. If you were responding to a genuine emergency and could not avoid driving, you may be able to use this defense.

Contact Our Ashburn, Virginia DUI Defense Attorney

Noorishad Law, P.C. is results-driven and client-focused. Aggressive Ashburn, VA DUI defense lawyer Kaveh Noorishad has been named one of the Top 100 National Trial Lawyers, and he has been recognized by Super Lawyers multiple times. Contact us at 703-542-4500 for a complimentary consultation.