Contrary to what most people believe, the law does not really prohibit people to drink and drive. As a matter of fact, driving and drinking is actually legal. However, it only becomes illegal when you still drive even after knowing that you had too much alcohol to the extent that your capacity of safely operating a vehicle has already been impaired.
On the same note, it is also illegal to drive once the alcohol concentration in your blood reaches or exceeds .08%. Ignoring this simple yet essential fact is probably one of the top reasons why many people who have been detained and charged with driving under influence usually end up getting convicted. Most of them simply assume that because there are evidences to support that they were drinking, like the alcohol on their breath, failed result on breath test of field sobriety test, or even their very own admission, it will also mean that the case against them is already bullet proof, and there is simply no hope for them to fight those charges. This is why they end up giving up and just believing whatever the law enforcers have told them about their case.
But the truth is, similar with other cases, you are actually innocent in the legal sense until you have been proven to be guilty beyond reasonable doubt. This is when a good DUI attorney will be able to come to your assistance to prove your innocence if not lessen the charges filed against you.
A good DUI attorney will tell you that the DUI tests usually used by law officers for determining whether they should charge drivers with DUI, including blood and breath chemical tests and field sobriety tests, are not really fool-proof. A close inspection of these tests will show that not a single one of these is hundred percent accurate, with some even absurdly open to interpretations. The standardized tests including Horizontal Gaze Nystagmus, One-Leg Stand, and Walk-and-Turn can easily be failed due to numerous reasons which are not directly related to the sobriety of the suspect. These factors that can make it hard to p[censored] such tests include obesity, inappropriate footwear like high heels, poor balance, weakness, as well as conditions like intimidation caused by the domineering and aggressive behavior of law enforcement officers and even stress.
The same thing goes for blood and breath tests wherein there is always a chance that the pieces of equipment used are out of proper tune and cannot produce reliable results. During such instances, the attorney will cite the proof that the tests are in no way reliable due to the failure in the equipment used.
A good DUI attorney will be able to pinpoint such shortcomings in the pieces of evidences filed against you and can use them for pursuing an exoneration or dismissal of your DUI case.
Find the most skilled DUI attorney who can give you the best legal representation in Virginia, visit the following links: DUI attorney Prince William VA and DUI attorney Stafford VA.