DWI Dismissal in Virginia: What You Should Know

September 4, 2023
drunk young man driving a car with a bottle of beer

Being arrested for a DWI can be a stressful and overwhelming experience. The penalties for a DWI conviction in Virginia are severe, including fines, jail time, driver’s license suspension, and having to install an ignition interlock device in your car.

If you have been arrested for a DWI in Virginia, you may be wondering if it is possible to get the charges dismissed. The answer is yes, it is possible in some cases. However, it is important to act quickly and to seek legal counsel from an experienced DWI lawyer.

The Criteria for a DWI Charge

In Virginia, a DUI/DWI charge can result from various conditions including a BAC of 0.08 or higher, or meeting the legal definition of intoxication due to alcohol, drugs, or a combination of both. Other substances like methamphetamine, cocaine, PCP, and MDMA have specific blood concentration limits as well. Penalties for these charges can vary based on factors such as previous convictions or higher levels of BAC.

The moment you are arrested for a DUI, the clock starts ticking. It is important to understand your rights and to contact a Virginia criminal defense lawyer as soon as possible. Here are some things you should know about the arrest process:

  • You have the right to remain silent. Do not say anything to the police without first speaking to an attorney.
  • You have the right to an attorney. If you have been arrested for a DUI, it is important to contact an attorney as soon as possible. An attorney can help you understand your rights and protect your interests.
  • You have the right to a breathalyzer test, but you do not have to take it. If you refuse the test, you may face civil and criminal penalties, depending on the circumstances.

If you’re in need of a Fairfax DUI attorney, Rudolphi Law offers comprehensive legal services. With a track record of successfully navigating the complexities of DWI cases, we are your go-to choice for legal representation.

Grounds for DWI Dismissal: What You Should Know

There are a number of grounds for dismissal of a DUI charge in Virginia. Some of the most common grounds include:

  • Unlawful traffic stop. The officer must have had reasonable suspicion to pull you over in order for the stop to be lawful. If the stop was unlawful, any evidence obtained as a result of the stop, including the results of a breathalyzer test, may be suppressed.
  • Illegal search and seizure. The officer must have probable cause to arrest you for DWI. This takes into account any driving behavior, indicia of intoxication, performance on field sobriety tests, and any preliminary breath test readings. If the officer can’t establish probable cause then the arrest is invalid and everything stemming from it could be suppressed.
  • Inaccurate field sobriety tests. The officer must administer field sobriety tests in a standardized manner. If the officer did not administer the tests properly, the results of the tests may not be admissible in court.
  • Inaccurate breathalyzer or blood test results. Breathalyzer and blood tests are not always conducted correctly. If there is evidence that the test results in your case were not administered correctly, the results may not be admissible in court.
  • Medical condition. If you have a medical condition that could have contributed to your appearance of intoxication, such as diabetes or a seizure disorder, this aid in the defense to the DUI charge.

The Road to DWI Dismissal in Virginia: Secure Your Future with Rudolphi Law

A DWI charge can be a nerve-wracking experience, but it’s crucial to remember that a charge is not a conviction. Proactive and informed actions can lead to a DWI dismissal in Virginia, securing your freedom and future. Rudolphi Law is committed to offering unparalleled legal services, if you’re seeking a Virginia criminal defense lawyer. If you’re facing a DWI charge, don’t let time slip away. Secure your future by availing our top-notch legal services today.

Take the first step toward safeguarding your future. Contact Rudolphi Law for a consultation and let us guide you through this challenging time.