If you have been arrested for suspicion of driving under the influence of alcohol or drugs (DUI), an Arlington DUI stops lawyer can help. Whether you were detained during a police sobriety checkpoint, or after being pulled over by police for suspicion of DUI, you are not alone.
More than 27,700 drivers in Virginia were arrested in 2013 for suspicion of driving under the influence. If you were pulled over at a DUI stop, contact one of our Arlington DUI stops lawyers as soon as possible so they can begin to advocate for your rights.
While the US constitution protects drivers from unreasonable searches and seizures, the US Supreme Court has ruled that such DUI “roadblocks” are permissible, since they ostensibly prevent some alcohol-involved fatalities.
In Virginia, a 2012 appeals court decision determined that police conducting sobriety checkpoints must use “neutral criteria,” like a mathematical formula, to decide who is stopped, must follow a previously determined “plan or practice,” and must employ certain safeguards to prevent officers from targeting specific individuals.
Arlington DUI stops typically must be published or announced in advance. During these stops, officers examine drivers for signs of intoxication, but cannot conduct lengthy tests or ask drivers to exit their vehicles unless he or she exhibits signs of impairment, like bloodshot eyes, an alcohol breath odor, or slurred speech. Knowing what to do during a traffic stop will greatly help your case.
If you have been arrested for DUI following a sobriety roadblock, your DUI lawyer in Arlington will investigate whether police followed proper procedure in conducting the stop. If your rights were violated and the stop could be considered unreasonable under the law, your attorney can fight the evidence obtained after such an illegal stop.
Under Virginia Code Section 18.2-268.2, drivers give implied consent to breathalyzer and blood alcohol tests by virtue of having a license or operating a vehicle on Virginia roadways, if an officer has reason to believe the driver is intoxicated or under the influence of alcohol or drugs. Refusal carries a penalty of automatic license suspension of one year.
If you are required to submit to a breath test, you have a right to see the blood-alcohol reading on the equipment, and to obtain a copy of any printout of the results. These machines can malfunction, and your Arlington DUI stops lawyer can investigate whether the equipment was operated properly.
If you have been charged with DUI as the result of a traffic stop or checkpoint in Arlington, Virginia it is in your best interest to contact an Arlington DUI stops lawyer. A DUI stops lawyer in Arlington will be able to look at the specific facts and circumstances surrounding your case and determine if the stop that led to your DUI charge violated your legal rights.
Therefore, if there is any question in your mind concerning your DUI stop, call today to set up a free consultation to discuss your legal options with an experienced Arlington DUI stops lawyer.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.