A DWI arrest feels like the end of your world. The shame, the fear, the uncertainty about your job, your license, your family, and your future. With some of the strictest laws in the country, the Commonwealth of Virginia takes a very hard line on these offenses, and the consequences can be life-altering. However, over the years, we have learned: this arrest does not have to define your future.
Virginia prosecutors are aggressive, but every DWI case has its weaknesses. The question is whether you have a defense attorney who knows how to find them. As a former law enforcement officer with over a decade of experience in conducting and instructing officers in DWI investigations, I bring a unique understanding of how DUI and DWI cases are built. Much of the evidence in these cases relies on the arresting officer’s observations, training, and experience. A DWI arrest is a matter of a thousand details, and my background allows me to scrutinize this evidence with a critical eye to preparing a strong defense.
During this stage, the officer observes the vehicle in motion and evaluates driving behavior for any violations of law or indicators of impairment. Here, we evaluate whether the Officer had grounds to make a traffic stop or initiate a DWI investigation.
This is the point where the officer first contacts the driver. This is the first opportunity the officer has to directly observe and interview the driver. Based upon this evaluation the officer determines whether to continue their investigation.
This stage of the investigation is commonly known as field sobriety testing. These are psychophysical tests that require the driver to perform divided attention tests. These tests are designed to require the driver to do two things at once. The tests are physical, mental, and psychological in nature.
In Virginia, under many circumstances, an officer will ask to administer a portable breath test (PBT). While the PBT results are generally not admissible in court, they do give the officer additional facts to make an arrest.
After being arrested for DWI the driver is taken to a police facility where they are read a section of motor vehicle code that requires them to perform a breath test. At this point, a breath test is administered by an officer. The results from a breath test are admissible in court.
Each of these stages is filled with legal and evidentiary pitfalls the officer must get right. Mistakes in any of these stages of the investigation contribute to a defense against the charges.
Under Virginia law, a prosecutor has five different ways to convict for DWI.
If you’ve been charged with DWI or DUI, contact us for a consultation. Our expertise and experience can guide you through this challenging time.
