Annandale, VA DUI Defense Attorneys

For most people, the idea of being arrested for driving under the influence can be frightening. When someone is accused of drunk driving, they may face serious consequences, including large fines, increased insurance rates, the loss of a driver's license, and the possibility of jail time, as well as other issues that could affect their life and career. The procedures followed in these cases can be confusing, but the decisions a person makes in the days and weeks following their arrest could have a huge impact on the outcome of their case.

To address charges of driving under the influence (DUI), it is important to work with an attorney who can provide guidance on the potential defense strategies and the steps a person can take to protect their future. At Robinson Law, PLLC, our lawyers provide strong, effective legal representation for people facing DUI charges in Annandale and throughout Virginia. Our team has extensive experience challenging DUI charges, examining the evidence against clients, and identifying weaknesses in the cases presented by prosecutors. We provide compassionate representation focused on protecting our clients' rights, minimizing the consequences they may face, and helping them move forward with their lives.

Understanding Virginia DUI Laws

Virginia law prohibits people from operating motor vehicles while they are under the influence of alcohol, drugs, or any other substances that impair their ability to drive safely. In many cases, DUI charges will apply if a person allegedly had a blood alcohol concentration (BAC) higher than 0.08 percent. However, a person could also face DUI charges based on the use of narcotics or other drugs, including prescription medications or a combination of substances.

Alcohol-Related DUI Charges

Most DUI arrests in Virginia involve allegations of alcohol consumption. When police officers conduct traffic stops, they may look for signs that a person has been drinking, such as slurred words, red eyes, or breath or clothing that smells like alcohol. They may ask drivers to take field sobriety tests or portable breath tests. If an officer determines that there is probable cause to believe that a driver is intoxicated by alcohol, they may arrest the person for DUI.

If a post-arrest chemical test shows that a person had a BAC that was over the legal limit of 0.08 percent while they were driving, they may be convicted of DUI regardless of whether they appeared to be impaired. For commercial drivers, the legal limit is 0.04 percent. For people under age 21, A BAC of at least 0.02 percent can result in underage DUI charges under Virginia's zero-tolerance law.

In some cases, a driver could be charged with DUI even if their BAC was below 0.08 percent. If an officer believed that alcohol impaired a person's ability to drive safely, they may perform an arrest. These cases often rely heavily on the officer's observations and subjective assessments of a person's behavior.

Drug-Impaired Driving Charges

DUI charges based on drug use may involve unique challenges. Unlike alcohol, there is no simple per se limit for many drugs. However, Virginia law does provide legal limits for certain substances. DUI charges may apply if a person had a blood concentration of 0.02 milligrams per liter of cocaine, 0.01 milligrams per liter of phencyclidine (PCP), 0.1 milligrams per liter of methamphetamine, or 0.1 milligrams per liter of MDMA (Molly/Ecstasy).

In cases where the law has not defined legal limits for drugs, prosecutors must prove that the substance detected in a person's system impaired their ability to drive safely. Substances that may be addressed include marijuana, heroin, or fentanyl, as well as prescription medications and over-the-counter drugs that could affect a person's driving ability. Common prescription drugs that can lead to DUI charges include painkillers, anti-anxiety medications, sleep aids, and muscle relaxants.

The Role of Chemical Testing in DUI Cases

When a person is arrested for DUI, they will typically be asked to take a chemical test that will measure alcohol in their blood or breath. Virginia's implied consent law requires drivers to undergo chemical testing after being arrested for DUI. Refusing to agree to testing can lead to penalties, including license suspension.

Breath testing is the most common method used to determine whether a driver was intoxicated. A breath test machine will analyze a sample of a person's breath and calculate their BAC. However, these tests are not infallible. The machines must be properly maintained and calibrated, officers must be trained in the proper testing methods, and tests must be administered correctly.

Blood testing may be used as an alternative to or in addition to breath testing. Blood tests may also have potential problems that could lead to inaccurate results. A blood sample must be collected correctly, stored properly, and analyzed by a qualified lab. Chain of custody issues, potential contamination of a sample, or laboratory errors can affect the reliability of blood test results.

Our lawyers will carefully examine the chemical test evidence involved in a DUI case. We will review maintenance records for testing equipment, determine whether the right procedures were followed, and consult with experts when necessary to challenge questionable test results. If testing was flawed, we may be able to have the results suppressed or cast doubt on whether a test showed that a person was intoxicated.