Driving under the influence is a charge considered on a daily basis in Virginia courts. At Calinger Law, we have the knowledge and expertise to effectively represent you in fighting this charge.
In Virginia, it is illegal to drive with a blood alcohol level of .08 or above. Virginia courts have interpreted this law as strict liability. In other words, if you drive with this blood alcohol level, then you’re guilty. Because of this demanding standard, your attorney needs to know how to defend you against a blood alcohol test.
Virginia typically uses a breath test machine called the Intox EC/IR II. The machine is designed to test alcohol level based on sampling a person’s breath. As part of every breath test, the police need to test the machine with gas to ensure it works properly. Your attorney will need to check the records of this standard test to ensure the machine has functioned as it should.
Your attorney will also need to ensure the police officer conducting the test was properly licensed as an operator. Virginia courts have held that only a licensed operator may conduct the breath test. If the police officer did not have a valid license, you could be acquitted.
Virginia law also permits a person to be convicted of a DUI/DWI based solely on how that person appeared to the officer. The officer may conduct field sobriety tests such as making a person count backwards, walk in a straight line, or shining a light in eyes. Your attorney will want to examine all of these tests to determine how you performed on each test and how this may relate to intoxication.
We will also examine whether the police legally stopped you. If the police did not have a legally sufficient reason to stop your car, you might be entitled to suppress any evidence against you based on a Fourth Amendment violation. This means that evidence the police collected will not be admissible in court against you.
In short, you have defenses available to you. At Calinger Law, we can help you fight this charge! Call us today for a free consultation.