How Does a Court Determine “Intoxication” With My DWI Case?
July 11, 2022
Being charged with driving while intoxicated (DWI) is more than just undergoing a blood or breath test. The prosecution must look at all evidence and justify the officer’s reason for pulling the driver over. In addition, people who have pulled over must understand the process of being charged with a DWI and how the courts determine “intoxication.” Working with a Fairfax DUI lawyer can help you through the court hearing process and defend you against any DWI charges.
How Does a Court Determine “Intoxication” With a DWI Case in VA?
The definition of “intoxication” is loosely defined Virginia law. Section 4.1-100 describes intoxication as “a condition in which a person has drunk enough alcoholic beverage to observably affect his manner, disposition, speech, general appearance, muscular movement, or behavior.” Though vague in its definition, the Virginia Supreme Court has declared that a combination of indicia are sufficient to prove “intoxication.”
Once taken into custody, the police officer will complete the arrest and booking procedure, which typically involves getting a chemical test, usually a breath test for an alcohol-related DUI. This test can be used against you in a DUI case.
A Virginia DUI attorney can help determine if proper procedures were used to collect your chemical test and ensure your rights were not violated. Additionally, your attorney can help determine the method the prosecution defines “intoxication” and defend you in court when facing DWI charges.
What If I Didn’t Take a Breath or Blood Test?
Chemical testing, while often highly useful, is not absolutely necessary to prove a DWI case. You can be found guilty of DWI even if you refused to take a breath or blood test. This is done if based on the totality of the circumstances, the prosecution can show that you meet the legal definition of intoxication described above.
How an Attorney Can Help
An attorney can help with your DWI case in many ways, including consulting with you about your case and needs for a resolution. In addition, your Fairfax County DUI lawyers will thoroughly research the prosecutor’s case against you, speak with witnesses, file motions with the courts, investigate your defense and represent you at trial.
Hiring a Virginia DUI attorney to work on all aspects of your case and determine if the prosecution’s definition of “intoxication” follows the laws is critical. Hiring an attorney is well worth it because they offer a more in-depth understanding of DUI laws and have the expertise to effectively and efficiently represent you in court. Additionally, it might be possible to minimize the time spent in court.
Call to Schedule an Appointment with a Fairfax DUI Attorney Today
The Fairfax County DUI lawyers at Rudolphi Law have extensive experience defending individuals charged with DWI. We will work with you to understand your case’s minute details, learn everything from the point you were stopped, and be by your side through the final hearing. We will take the time to explain the law and criminal processes while outlining your options. Finally, we will investigate the prosecution’s case and collect evidence that could help exonerate you in the matter.
Call us today to speak with one of our Fairfax DUI attorneys, and let us start helping you with your case.