Are there any defenses available for DWI charges?
Yes, there are potential defenses available for DWI charges in Virginia. One defense may be that the driver’s intoxication was not the cause of the incident. A driver may be able to prove that another factor — such as a medical issue — was the cause of their erratic driving. Another defense may be that the officer did not have reasonable suspicion to pull the driver over. This could mean that the officer did not have grounds to believe that the driver was in violation of any law or statute prior to making the stop. In addition to these defenses, a driver in Virginia may also be able to present a challenge to the accuracy of the blood alcohol concentration (BAC) test. This could be done by showing that the machine used to measure the BAC was not functioning properly or that the sample taken was not properly stored. Additionally, a driver may be able to contest the result of the test by citing any medical conditions that could have caused an inaccurate result. Finally, a driver in Virginia may also be able to argue that the impairment of their ability to drive was caused by prescription medication that was taken as prescribed by a doctor. In this case, the driver may need to present evidence of their prescription along with proof that the medication was taken as prescribed in order to make their argument. Overall, there are several potential defenses available for DWI charges in Virginia. Depending on the specifics of the case, a driver may be able to use any of these defenses to try to challenge the charge in court.
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