Are there any legal defenses to a DWI arrest?

Yes, there are legal defenses to a DWI arrest in Virginia. Generally speaking, a defendant must prove one of the following to have a chance at avoiding a conviction: (1) that they did not operate the vehicle while intoxicated, (2) that the officer had no probable cause to stop or arrest them, (3) that the breath or blood test results were inaccurate due to a faulty machine, (4) that the defendant was denied a reasonable opportunity to call witnesses to testify on their behalf, (5) that the officer did not follow proper procedures when requesting the breath or blood test, or (6) that the defendant was mentally or physically incapacitated due to a medical condition or mental illness. It is important to note that the legal defenses vary from state to state, or may even vary from case to case, depending on the facts of the case. For this reason, it is important for defendants to speak to an experienced DWI defense attorney in order to determine the most appropriate defense for their particular situation. An attorney will be able to explain the law as it applies to the case, the available defenses, and what the defendant must prove in order to win. Additionally, an attorney can help the defendant navigate the criminal justice system and provide invaluable advice and guidance throughout the process.

Related FAQs

What is an ignition interlock device?
Are there any consequences for driving under the influence of prescription medications?
How long can a DWI conviction remain on my record?
Can I drive on a restricted license after being convicted of a DWI?
Is it possible to get a reduced sentence for a DWI conviction?
Are there any consequences for refusing to take a Breathalyzer test?
How do I know if I’m legally intoxicated?
What types of evidence will be used against me in a DWI case?
What is the penalty for driving with a suspended license due to a DWI conviction?
How long will my license be suspended for a DWI conviction?

Related Blog Posts

What Is DWI Law and How Can It Affect You? - July 31, 2023
Your Guide to Defending Against DWI Charges - August 7, 2023
Understanding DWI Penalties and Possible Consequences - August 14, 2023
How to Choose the Right DWI Lawyer - August 21, 2023
What Are the Benefits of Hiring a DWI Lawyer? - August 28, 2023