My breath or blood test result was above 0.08, so why should I hire a lawyer? Aren't I just going to be found guilty anyway?
Not necessarily. The truth is that there is simply no way to know, especially at this early stage, whether you will eventually be found guilty of DUI / DWI. In addition to the fact that to even recognize and understand the issues which may be presented in a DUI / DWI case, a lawyer needs to have at least a working knowledge not only of the substantive law in Virginia, but also scientific principles regarding the absorption, distribution and elimination of alcohol in the human body, the fundamental principles of breath testing, the operational theories of various breath testing machines, the numerous possible causes for error, and the relationship between blood alcohol content and breath alcohol content. Laws in Virginia concerning the admissibility of evidence in a DUI / DWI case are written and interpreted in a way which facilitates easy prosecution, and the obligation of the Commonwealth to provide information about their case to the accused through the discovery process is woefully lacking in Virginia when compared to other states. All of this makes effectively representing someone accused of DUI / DWI in Virginia a difficult and complex endeavor.
As I explain to all of my clients, the odds are against you, the playing field is not level and you may eventually be found guilty of a DUI / DWI. However, one thing is certain: 100 % of people who plead guilty to a DUI / DWI in Virginia are found guilty. You can not win if you do not try. It seems so obvious, but every person who has had a DUI / DWI trial in Virginia and was found not guilty, entered a not guilty plea and forced the Commonwealth to have to prove the case beyond a reasonable doubt. It is simply impossible to know what the outcome of a case will be. I have successfully represented clients all across Virginia, and have received not guilty verdicts in cases with BAC results as high as 0.29.