Leesburg, VA DUI Lawyer

No one truly expects to be arrested for a DUI. People who are charged with drunk driving normally fall into one of a few categories. The first is those who underestimated their level of intoxication. This is easy to do after an evening of sipping cocktails. Another category is those who were aware of their intoxication, but believed that they could make it home safely. Many people in this category did not have far to go, or they may have only been using empty side streets.

A third category includes people who are struggling with addiction. People who are addicted to alcohol or drugs often have a base level of intoxication at which they do not feel as though they are impaired. People in this group deserve to receive the help they need to recover. The final category is people who are wrongfully accused. This group includes people whose BAC tests were flawed, people who did not perform well on field sobriety tests due to factors like a medical condition or inclement weather, and people who have a valid defense for other reasons.

Noorishad Law, P.C. can help anyone who has been accused of a DUI. Whether you made a mistake, the police made a mistake, or you are in need of substance abuse treatment, aggressive Leesburg, VA DWI attorney Kaveh Noorishad will do all he can to get you the best outcome possible. He has been recognized by reputable professional organizations like the American Institute of DUI/DWI Attorneys and Super Lawyers. Attorney Noorishad can help make the impossible possible in DUI cases. He never gives up on a case, and he will keep fighting for the outcome you need.

Multiple DUI and Felony DUI Charges

Receiving multiple DUI convictions can be very serious. Your third or subsequent DUI offense within a 10-year period is an automatic felony charge. A first or second DUI offense can also be charged as a felony DUI or come with other felony charges in some circumstances. If you allegedly caused serious bodily injury to another person, you might be charged with DUI maiming. If you allegedly caused a fatal car accident, you might be charged with DUI manslaughter. These are extremely serious charges that can lead to many years in prison and an indefinite suspension of your driving privileges.

If you allegedly had drugs or weapons in your car, you might be charged with a separate offense, such as drug possession or a firearm violation. Parents or others who had children in their car when they allegedly committed DUI can be charged with felony child endangerment.

Having a felony on your record can interfere with your plans for the rest of your life. You may struggle to find work, to secure good housing, or even to fit in socially with the people you want to be around.

Was a DUI Traffic Stop Legal?

Before any DUI case can be built, a police officer must have had a valid legal basis to stop a vehicle in the first place. Under the Fourth Amendment, people are protected against unreasonable searches and seizures. A traffic stop is considered a seizure, and if an officer conducted a traffic stop without a valid reason, it may be considered an unreasonable seizure. Without reasonable suspicion that a traffic violation or criminal activity has occurred, a traffic stop may not have been lawful.

What Is Reasonable Suspicion?

Reasonable suspicion is a legal standard that requires more than a basic suspicion or hunch. An officer must be able to point to specific facts that justified the stop. If an officer observed violations like swerving across lanes of traffic, failing to use a turn signal, running a red light, or driving with a broken taillight, these violations may provide a reason for a traffic stop. However, if an officer pulled someone over simply because they were driving near a bar late at night, this may not meet the standards for reasonable suspicion.

What Happens If a Traffic Stop Was Unlawful?

If the traffic stop that led to a DUI arrest was not supported by reasonable suspicion, our attorney can file a motion to suppress all evidence gathered after that stop. The prosecution may not be able to present breath or blood test results, testimony by the police officer, or other evidence from the traffic stop, and they may dismiss the case.

The Problems With Breath and Blood Tests

Many DUI cases are largely based on the results of a blood or breath test used to detect the defendant's BAC. However, these tests can be flawed for numerous reasons, such as:

• Officers are required to follow strict protocols when administering breath tests, including observing the subject for a minimum period before testing. If they failed to follow these procedures, our lawyer may question the results.
• Breathalyzer equipment must be properly calibrated and maintained on a regular schedule. Devices that have not been serviced correctly may produce unreliable readings.
• Certain medical conditions, including acid reflux or diabetes, can affect breath test results.
• The presence of certain substances, such as mouthwash, breath spray, or some medications, can affect breath test readings.
• Interference from nearby devices like radios or cell phones may affect the accuracy of breathalyzer devices.
• Blood samples from two different people may have been mixed up, or there may be a gap in the chain of custody during which a sample may have been contaminated.
• Lab technicians may not have followed the correct procedures when testing blood samples.

Why Field Sobriety Tests Are Not a Good Measure of Sobriety

The police often use the results of a driver's field sobriety tests to establish probable cause for a DUI arrest. However, field sobriety tests are not very scientific. The results can easily be confounded by factors like:

• Uneven or sloped road surfaces
• Poor lighting conditions
• Inclement weather, including rain, wind, or cold temperatures
• The driver's footwear, including high heels, sandals, or boots
• Medical conditions affecting balance and coordination or the way a person walks
• Anxiety, nervousness, and the stress of being stopped by law enforcement
• Hearing difficulties that may make it difficult to follow an officer's spoken instructions

Contact Our Leesburg DUI Defense Attorney

Noorishad Law, P.C. can take on even the toughest DUI cases. Dedicated Leesburg, VA DWI lawyer Kaveh Noorishad will fight for you. He has handled numerous high-profile cases with outstanding results. Contact us at 703-542-4500 for a complimentary consultation.