Ashburn, VA DUI Lawyer

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.

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.

Reasons People May Face DUI Charges

There are several situations where a person could be arrested and charged with DUI in Virginia, including:

Alcohol Impairment

Many DUI charges are based on accusations that a person was operating a motor vehicle with a BAC above the legal limit of 0.08 percent. Higher BAC levels may increase the potential penalties that may apply in DUI cases. A BAC of 0.15 percent or higher triggers a mandatory minimum jail sentence of five days. A BAC of 0.20 percent or higher may result in a minimum 10-day sentence.

Drug Impairment

The DUI laws also apply to people who are accused of driving under the influence of drugs, including prescription medications, over-the-counter drugs, and illegal substances. Any narcotic drug or other types of drugs that may impair a person's ability to drive safely could lead to DUI charges.

Combined Alcohol and Drug Impairment

Some DUI cases may involve accusations that a combination of alcohol and drugs led to impairments that affected a driver's ability to operate a vehicle safely. In these cases, even if alcohol or drugs alone would have been enough to cause impairment, a prosecutor may argue that the combination of substances resulted in intoxication.

Use of Alcohol by Minors Under the Age of 21

It is unlawful for a person who is younger than the legal drinking age to operate a motor vehicle after consuming alcohol. For minors, a BAC of 0.02 percent or higher can lead to charges of underage DUI. Based on a small amount of alcohol, an underage driver could face a license suspension, fines, and/or community service.

What Happens During a DUI Traffic Stop and Arrest

Understanding what law enforcement officers may do when they suspect that a driver is intoxicated and what rights apply during traffic stops and arrests can help ensure that a person will be able to defend against DUI charges.

The Initial Stop

An officer cannot pull over a driver unless they have a legal reason for doing so. A traffic stop is considered to be a seizure under the Fourth Amendment, and unreasonable seizures are not permitted. For a traffic stop to be lawful, it must be based on a reasonable suspicion that a person has violated the law. Officers may perform DUI traffic stops when they observe behavior that indicates that a person may be intoxicated, such as weaving between lanes, driving too slowly, running a red light, or making an illegal turn.

Field Sobriety Tests

After pulling a driver over, an officer may ask them to perform one or more physical tests to determine whether they may be impaired. The horizontal gaze nystagmus test may be used to observe eye movements when a person is looking at a moving object. The walk-and-turn or one-leg stand tests may be used to gauge balance or other physical issues related to intoxication. The ways a person acts during these tests and their ability to follow instructions may serve as the basis for a DUI arrest.

Preliminary Breath Testing

An officer may ask a driver to submit to a preliminary breath test (PBT) at the roadside. The results of a PBT are generally not admissible as evidence during a trial, but these tests may be used to get an estimate of a person's BAC and determine whether they may be arrested for DUI.

The Arrest and Post-Arrest Chemical Testing

After an officer places a driver under arrest, they will usually request a chemical test of the person's blood or breath. Unlike a roadside PBT, post-arrest chemical tests are mandatory, and the results are admissible as evidence at trial. Refusing to submit to a chemical test will lead to a one-year license suspension, and a second refusal may lead to Class 1 misdemeanor charges.

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.