Burke DUI Defense Lawyer

At any time of the day or night, and in any circumstances, a person who is pulled over by a police car while driving may be concerned about what will happen, what they should say to an officer, and whether a traffic ticket or other charges may lead to serious penalties. In a situation where a person may be accused of driving under the influence (DUI), the matter may be much more serious than a traffic stop related to another type of offense. Because of the dangers of driving while under the influence of alcohol or drugs, people charged with DUI could face high fines, the loss of their driving privileges, and the possibility of a jail sentence.

Taking the right steps to address DUI charges can help a person make sure their case can be resolved successfully. With representation from a criminal defense lawyer who has experience with DUI cases in Burke and Fairfax County, a person can develop a strong defense and work to limit the impact that these charges may have on their life. At Noorishad Law, P.C., our attorney can review what happened during a traffic stop and after an arrest, and he can provide guidance on the best options for defense that are available. He will fight to prevent a DUI conviction and minimize the ways a person's life may be affected.

Where DUI Arrests Can Happen in Burke

Officers with the Fairfax County Police Department or the Virginia State Police may stop drivers in multiple locations throughout Burke. They will often patrol the Fairfax County Parkway, Old Keene Mill Road, Burke Lake Road, Rolling Road, and Burke Centre Parkway. They may look for signs of intoxicated driving during late-night traffic when people are leaving restaurants or bars. Close attention will often be paid to people who are driving on weekends and holidays, and drivers may be stopped if they have allegedly committed traffic violations or shown signs of intoxication

Why Officers May Stop Drivers and Investigate Them for DUI

Driving Behavior

An officer is required to have a reasonable suspicion of a violation or a criminal offense before they can pull a vehicle over. Certain behaviors may indicate that a person could be intoxicated, such as driving at an unusually slow speed, making wide turns, weaving from lane to lane, or braking suddenly. Traffic violations like speeding or running a stop sign may also lead to traffic stops in which officers take steps to determine whether a person may be intoxicated. Driving at night without headlights is another frequent reason for traffic stops.

Equipment Violations

Some traffic stops may have nothing to do with impaired driving, but minor violations may serve as a reason to investigate a person for DUI. A broken taillight or an expired license plate sticker may be the reason for an initial traffic stop, and when an officer speaks to the driver, they may notice signs of possible intoxication, such as slurred speech or awkward movements.

Field Sobriety Tests During Traffic Stops

When a police officer thinks that a driver may have been drinking alcohol or using drugs, they may perform field sobriety tests, which can help them determine whether they should arrest a driver for DUI. An officer may ask a driver to take one or more tests, including:

• Horizontal Gaze Test: The officer will move something in front of the driver's eyes, such as a pen or their finger. They will watch a person's eye movements as they track the object, looking for jerking or twitching that could indicate intoxication.
• Walk-and-Turn Test: A driver will be instructed to take several heel-to-toe steps along a line, then turn around and walk back. If they stray from the line, take the wrong number of steps, or fail to turn around correctly, the officer may determine that they are intoxicated.
• One-Leg Stand Test: A driver will stand with one foot raised and hold that position while counting. A loss of balance may be seen as a sign of intoxication.

While these tests will usually follow standardized procedures, and officers are trained to identify signs of intoxication, there are many reasons why officers may come to the wrong conclusions. A driver's nervousness could cause them to make mistakes. Traffic passing by, flashing lights, or other issues could distract a person. Unclear instructions may lead a person to take the wrong actions. Issues like sloping pavement, potholes, or uncomfortable shoes could lead a person to stumble or lose their balance. Our lawyer can highlight issues with these tests and show that they were not a reliable indication that a person had been drinking alcohol or using other substances.