A DUI is basically operating a motor vehicle while under the influence of drugs or alcohol. There are a number of different ways that a person can be guilty of DUI, and a number of different ways that the government can prove a person is under the influence of either alcohol, drugs, or some combination. The basic and most frequent way that the government does this is by proving that a person had at least a 0.08 blood-alcohol content at the time that they were driving.
DUIs are taken very seriously in Virginia with some of the toughest penalties anywhere in the country, even for first-time DUI convictions. Such charges and penalties can affect your liberty, your pocketbook, and your driver’s license.
Having the benefit of an experienced Stafford County DUI attorney by your side gives you the best chance to come through this process unscathed or with minimal impact. Additionally, an attorney can help guide you through the trial process and be your advocate.
DUI stops and checkpoints are common in Stafford County. A roadblock or a checkpoint can be set up virtually anywhere within the county. Police set these up in locations where a person does not have an opportunity to make a turn or turn around until it is too late.
It is difficult to generalize about where exactly a checkpoint might be, and in fact, the police are careful to not have them be in the same location more than once because people will move to avoid them. Nevertheless, they do choose locations where there is a fair amount of traffic, sometimes in proximity to bars or restaurants or other places where there may be people who have some level of alcohol in their blood.
There are a number of things that the prosecution must prove beyond a reasonable doubt at trial. The evidence will be presented in most cases through the testimony of the officer as well as through a blood alcohol test, which is either a Breathalyzer test or a blood sample test.
The evidence can be challenged, both as to their accuracy and in some cases as to the constitutionality of being admitted into evidence at all.
The first thing the DUI lawyer can do for their client is to defend their rights in court. There are a number of constitutional rights a person has guaranteed when encountering the police. These include the person’s right to:
If any of these rights have been violated, it can form the basis of a constitutional defense for a Stafford County DUI lawyer. They can work to keep important government evidence that was obtained illegally, out of trial and assist you in winning your case.
Finally, a DUI attorney in Stafford County can assist with negotiations with the prosecution. In some cases, the DUI matter can be reduced in terms of the charge or the penalty. In some cases, the charges can even be dismissed by proper agreement.
Only an experienced Stafford County DUI lawyer is going to be able to tell you exactly what is possible in your case, and then effectively assist you in negotiating the best possible resolution of your matter. They can help you answer the question whether you should accept the proposed deal or take your case to trial.
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