How a Motion to Suppress Could Help Fight Your DWI Charge


December 4, 2023
men drink alcohol in the car and using mobile phones while driving

A Motion to Suppress is a critical legal strategy used in criminal defense. Its primary objective is to prevent certain evidence from being presented in court, under the assertion that this evidence was obtained in violation of the defendant’s constitutional rights.

This motion plays a pivotal role in ensuring that a defendant’s trial is fair and just, adhering to the principles of lawful procedure and respect for individual rights. In the context of DWI cases, a Motion to Suppress becomes especially relevant for two main reasons:

Challenging the Legality of the Traffic Stop

The first aspect often contested is the reason behind the initial traffic stop. Under the Fourth Amendment of the U.S. Constitution, every citizen is protected against unreasonable searches and seizures, which includes being stopped without a legitimate reason by law enforcement.

A traffic stop must be based on at least reasonable suspicion that a law violation has occurred. If a defense attorney can demonstrate that the traffic stop was baseless, lacked sufficient legal grounds, or improperly prolonged, then any evidence obtained as a result of that unlawful stop, including field sobriety test results or statements made by the defendant, could be deemed inadmissible in court.

This is based on the principle that evidence gathered through a violation of constitutional rights cannot be used against a defendant, more commonly known as “fruit of the poisonous tree.”

Questioning the Probable Cause for Arrest

The second key aspect is the probable cause for the arrest itself. Probable cause to arrest requires more than just a suspicion; it necessitates sufficient evidence to justify a reasonable belief that the person has committed a crime.

In DWI arrests, this usually involves driving behavior, indicia of intoxication, performance on field sobriety tests, and results of a preliminary breath test. Defense attorneys may challenge the methods used to determine probable cause, such as the administration and interpretation of field sobriety tests, the conditions under which breathalyzer tests were conducted, or the officer’s subjective observations.

If it can be proven that the officer lacked probable cause to make the arrest, then any evidence obtained as a result of the arrest could be suppressed.

Challenging the Reason for the Stop

Criminal lawyers in Fairfax County frequently scrutinize the initial traffic stop that led to the DWI charge. The Fourth Amendment protects citizens from unreasonable searches and seizures, which includes traffic stops without a just cause. If a Virginia DUI attorney successfully argues that the stop was baseless, the evidence gathered thereafter could be deemed inadmissible.

After establishing the validity of the stop, the next focus is on probable cause for the arrest. A Fairfax VA DUI Lawyer would argue that without probable cause, the arrest and subsequent evidence (like breathalyzer results) are inadmissible.

Probable cause hinges on the officer’s belief that a crime has been committed – in this case, driving under the influence. Challenging this can involve questioning the officer’s observations, field sobriety tests, and any preliminary breath test results.

If a motion to suppress is granted by the court, the prosecution’s case can be crippled. For example, if a Virginia criminal defense lawyer manages to exclude anything subsequent to an illegal seizure, the whole DUI case would be dismissed.

More Than Just Suppression: Building a Strong Defense

Facing a DWI charge is not the end of the road. With the right legal strategy and the guidance of an experienced Virginia criminal defense lawyer, you can challenge the evidence against you. It’s crucial to remember that every detail in your case matters and could be the key to protecting your rights and future.

If you’re grappling with a DWI charge, don’t hesitate to seek legal assistance. Rudolphi Law and its criminal defense attorney and DUI lawyer, is committed to providing robust defense strategies tailored to your unique case.

Contact us today to discuss your case and explore how a Motion to Suppress could be your pathway to a favorable outcome. Remember, the right defense can make all the difference.