In Virginia, a DUI defense lawyer can file a motion to dismiss a DUI case if the prosecutor doesn’t have enough evidence to prove their case. The burden of proof is on the prosecutor to prove guilt beyond a reasonable doubt. 

Some valid reasons why a VA DUI case might be dismissed often include:

• Invalid chemical test results
• Violating the defendant’s Constitutional rights
• Illegally obtained evidence
• Civil rights violations
• Chain of custody issues
• Flaws in any observations or tests administered 

Other reliable legal avenues to get out out of local DUI charges include:

• Proving the traffic stop is unlawful
• Establishing an illegal search and seizure
• Arguing against the validity of a field sobriety test
• Challenging the accuracy of a blood or breath test
• Proving signs of impairment are due to a medical condition
• Suppressing unlawfully-seized evidence
• Successful challenges to scientific evidence 

If a DUI conviction is appealed to Circuit Court, the defendant can fight the charge or try to negotiate a legal fiction with the prosecutor. 

Under current 2024 Virginia law, there is no diversion program for first offense DUIs, but a conviction can result in a period of probation and diversionary-type classes.

Best Options to Get Out of First Time Virginia DUI Charges

Trying to defeat a first-time DUI charge in Virginia can be overwhelming by yourself, leaving you wondering: “Can I get my DUI dismissed?” As seasoned DUI defense attorneys in Virginia with FightDUICharges, our experienced legal team has seen it all, and are here to tell you – you have case-winning options.

This VA DUI help guide is your compass to navigating the legal landscape and potentially getting your charge dismissed.

But first, let’s understand the urgency:

• Virginia takes DUIs seriously. A conviction can mean mandatory fines, driver’s license suspension, even jail time.
• Dismissal is possible, but it takes strategic action. Knowing the right defenses and acting quickly is crucial.

So, how do you fight back? Here’s the top ways to have your first DUI dismissed in VA.

1. Challenge the Stop: Was the initial traffic stop legal? If not, all subsequent evidence, including breath or blood tests, could be thrown out. This is a common defense, and a skilled VA DUI lawyer can dissect the officer’s actions and identify any procedural errors.

Case Scenario: Our client, Henry, was pulled over for a “faulty taillight.” A closer look revealed it was working. Upon questioning, Henry showed signs of nervousness, not intoxication. His lawyer argued the stop was pretextual (based on a minor, unsubstantiated reason) and the judge agreed, dismissing the DUI charge.

2. Question the Field Sobriety Tests: These roadside tests are notoriously unreliable. A good attorney in the area can analyze the officer’s administration and your performance, highlighting inconsistencies or potential medical conditions that could explain your results.

Case Scenario: Another client, Maddie, a diabetic, failed the walk-and-turn test. Her lawyer presented medical records and expert testimony explaining how her condition could mimic intoxication. The judge deemed the test unreliable, leading to a dismissal.

3. Challenge the Breath or Blood Test: These tests are crucial evidence, but they can be challenged for various reasons, including calibration issues, improper administration, or even chain of custody errors. A seasoned DUI lawyer can meticulously review the procedures and identify any potential flaws.

Case Scenario: Amber refused a breathalyzer, but her lawyer argued the officer’s instructions were unclear and coercive. The judge found the refusal unjustified and suppressed the evidence, weakening the prosecution’s case and ultimately leading to a dismissal.

4. Negotiate a Plea Bargain: While not ideal, in some cases, a plea bargain can help mitigate the consequences. A skilled lawyer can negotiate for reduced charges, lower fines, or even community service instead of jail time.

Remember: Consulting a trusted, experienced neighborhood DUI lawyer is crucial for the ultimate odds to beat a local DUI case. We understand the complexities of updated 2024 Virginia DUI laws and have a proven track record of getting charges dismissed or reduced.

Don’t let affordability hold you back. Many people think they can’t afford a top local attorney for DUI, but that’s not always true. At FightDUICharges, we provide free DUI attorney help with an arrest review and work tirelessly to get you the best possible outcome.