First and foremost, hire an experienced DUI Defense Attorney who focuses on DUI Defense. The mixture of law, science and medicine makes the successful defense of DUI cases extremely complicated and my opinion is that you should hire a lawyer who focuses his/her practice on the defense of DUI cases. If you don’t you will likely end up with a “jack of all trades and master of none” lawyer. It is absolutely true that the lawyer you choose could be the difference in the outcome of your case.
Consider challenging the Administrative License Suspension
After reviewing the facts and circumstances of your case, your lawyer may decide to file a motion challenging the Administrative License Suspension. Even if you are not successful in getting the Administrative License Suspension rescinded, you may very well get a chance to question the arresting officer under oath before trial. This is the only opportunity to do so and can often provide information which is useful in evaluating the case and preparing for trial.
Provide Your lawyer With Absolutely Every Bit of Information
Regarding the initial contact between you and law enforcement. If your DUI and/or Unreasonable Refusal case involves a traffic stop, make sure to tell your lawyer everything you can about basis for the initial stop of your vehicle by law enforcement. This includes both what you think was the reason for the traffic stop as well as what, if anything, the officer said to you about the reason your vehicle was stopped. This point cannot be overemphasized. The law in Virginia says that the officer must have had a reasonable articulable suspicion that a crime or traffic infraction was being committed in order to be justified in stopping your vehicle. What this means is that the officer must have had a good reason to stop the vehicle and if we can convince a court that the officer did not have a good enough reason to stop your vehicle, your case will likely be dismissed.
Prepare, and provide to your attorney, a time line for the evening in which you record and recite, as best you can, everything that happened on the day you were arrested for DUI and/or Unreasonable Refusal, including:
- What you ate
- How long you worked
- How much you slept
- Whether you were ill or taking any medication
- When you started drinking
- What type of alcohol you drank
- How much alcohol you drank
- When you drank each drink
- When you stopped drinking
- How long you waited after finishing your last drink before leaving
- When you left
- How far you drove before being stopped
- How long it had taken you to drive that distance
- The time you were stopped
- What was said by you and the officer
- The order of any field sobriety tests (FSTs)
- The instructions for each FST
- How you think you performed each FST
- What the officer said regarding your performance on each FST
- The result of any preliminary breath test (hand held device)
- When you were arrested
- How long it took to get to the police station/jail
- What was said and done once you arrived there
- What was said regarding your obligation to take another breath test
- Whether you did
If your freedom and your license to drive are important to you, call (703) 361-6100 now to schedule your appointment.