Chesterfield VA DUI Lawyer

DUI Attorney in Chesterfield, VA: Experienced DUI Lawyers

Chesterfield, Virginia lawyers Leavitt & Martin specialize in Virginia traffic law. Since our office is in Chesterfield County, we handle many 1st offense Chesterfield DUI cases and 2nd offense DUI cases. Every DUI charge is serious. Chesterfield VA operates DUI checkpoints, and these result in DUI arrests. 

If you have a DUI in Chesterfield, Virginia you need an experienced traffic and DUI lawyer on your side. 
Chesterfield, VA DUI charge

Chesterfield, VA DUI Checkpoints

DUI checkpoints in Chesterfield, Virginia occur frequently. Under Virginia law, if you are at least 21 years of age there is a presumption of intoxication if you are tested at a .08 or above. At .15 and above there is mandatory jail time if you are found guilty. 

With checkpoints, law enforcement have a much greater ability to stop people. Normally the police need reasonable suspicion to believe you are committing a crime or a traffic infraction. Reasonable suspicion is not a high legal standard but it is something. However, with a DUI checkpoint, Chesterfield, VA police do not need any reason to stop you.

Once you roll through a DUI checkpoint, the police can and will investigate you. They are often checking for the odor of alcoholic beverages, slurred speech, bloodshot glassy eyes, etc. 

How Can you Prevent a DUI Charge at a Checkpoint?

The best way to avoid getting a DUI is to just get an UBER or designated driver. It is VERY easy to get a DUI charge. I had a client get one after drinking two beers and he rolled though a DUI checkpoint. He admitted drinking two beers and he blew a .09 at the checkpoint. So how can you avoid a checkpoint DUI arrest?

If you have the odor of alcohol on your breath, you might want to consider using gum, or something that will help with the odor. When you come to a stop, you can limit how far down you roll your window at the checkpoint. And limit your statements to the police. The police naturally want to investigate. That's their job. You have no duty to answer their questions. You have a right to remain silent. 

You have a right to refuse BOTH the PBT AND the field sobriety tests. The field sobriety tests, in my opinion, are designed to make you fail. They were originally created under laboratory settings. I would say that most Virginia police officers do not know how to correctly administer all of the standardized field sobriety tests. These are VOLUNTARY tests. However, many officers try to use their authority to somewhat coerce you into doing the tests. If you don't want to do the tests, you are not required to. 

The preliminary breath test is known as the PBT. You have an absolute right to refuse this roadside test. Your license WILL not be suspended if you refuse the preliminary breath test. Know that when law enforcement has you complete the field sobriety tests or the PBT, they are often seeking evidence to convict you. Unless you have not had anything to drink, you need to seriously consider whether you should agree to take these or not. 

What Are the Field Sobriety Tests? Do I Have to Take Them?

Under Virginia law, field sobriety test are VOLUNTARY and you can absolutely refuse to take them. There are no field sobriety tests in VA that are standardized and mandatory. Police can, and often do, use multiple non standardized tests. 

There are three standardized field sobriety tests: 
  1. Walk and turn
  2. One legged stand
  3. Horizontal gaze nystagmus (the eye test) and smooth pursuit
These three tests are standardized, and police are looking for different "clues." If you fail a certain amount, they consider your test a fail. 

The problem is that many police officers do not know how to properly administer these tests. The HGN test is an eye test. Eye doctors perform tests to diagnose HGN. Many police officers don't even know that there are MANY medical reasons for nystagmus. It is important to do a thorough review to make sure the police followed all of the steps necessary.

DUI Defenses in Chesterfield, VA

Nobody wants a DUI conviction. Mandatory minimums for first offense DUI charges up to .14 are: 
  • fine of $250
  • referral to VASAP
  • ignition interlock for 6 months
  • license suspension for one year
DUI defenses usually relate to the REASON FOR THE STOP, LACK OF PROBABLE CAUSE FOR THE ARREST, or ISSUES WITH THE BLOOD OR BREATH TEST.

Every DUI case will have steps the officer and prosecutor must satisfy to prove DUI. A thorough review of each step is necessary for full representation. 
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