Drinking and driving is a dangerous mix, so law enforcement is constantly on the lookout for inebriated drivers. Being charged for driving under the influence (DUI) is a serious matter, and a conviction could have lifelong consequences. But if you have been accused, never forget that you have the right to present a defense.
A Richmond DUI lawyer from Ashwell & Ashwell could provide you with fierce representation against the allegations and work towards a fair outcome. Our criminal defense team has both former prosecutors and public defenders, which allows us to collaborate on the best strategy for your case.
Everyone has a different reaction to the effects of alcohol, and their tolerance can often come down to several factors that are unique to them, whether that is age, body weight, or even what they had to eat before drinking. Two people can have the same number and types of alcoholic beverages but have two vastly different outcomes.
So, the state of Virginia tries to make determining a person’s level of intoxication objective by using the blood alcohol content (BAC). This is a measurement of the percentage of alcohol in a person’s bloodstream at the given moment. Under the Code of Virginia § 18.2-266, it is illegal to operate a motor vehicle with a BAC of 0.08 percent or higher. However, it is also illegal if the person is simply “under the influence of alcohol,” which is vague, and the reason why anyone accused of driving while intoxicated in Richmond should seek professional legal representation.
Police and prosecutors take these charges very seriously, and even a first-time conviction is considered a Class 1 Misdemeanor that could result in fines, a suspended license, and possibly jail time. The penalties increase for a second or third conviction.
It is also important to remember that driving under the influence is not limited to alcohol. The law includes prohibitions on operating a vehicle while using narcotics and other drugs such as cocaine, methamphetamine, and ecstasy.
While it is possible to challenge the accusations without being represented by a lawyer, the criminal justice system is complex and difficult to navigate without experience. Defense attorneys understand Richmond’s courts and what prosecutors need to prove a DUI charge, so they could work towards a fair and just outcome.
Police must follow proper rules and procedures when pulling over drivers and administering field sobriety tests. In this way, a lawyer could investigate the initial arrest for any deviations from police protocols or errors in their reports.
As with all criminal cases, it is the job of the prosecutor to convince the judge and jury beyond a reasonable doubt. Experienced attorneys are capable of countering the prosecution’s arguments to cast doubt on their assertions. Trials are an exhausting ordeal for everybody, including prosecutors. So, they may offer a plea bargain in exchange for reduced charges and sentences. Lawyers are also skilled negotiators, and where possible, could work with the prosecuting attorney to come up with a reasonable plea deal.
Being convicted of drinking and driving could have severe consequences for your future, and a Richmond DUI lawyer from Ashwell & Ashwell could help defend your rights. Our legal team is dedicated to sharing your side of the story and advocating for justice. Building your defense strategy begins with telling us about your situation. Call Ashwell & Ashwell to schedule a free consultation with one of our talented attorneys.
