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.
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