| A Virginia DUI charge may be dismissed if the | | | | In many Virginia DUI cases the prosecutor will |
| court finds that an invalid arrest was made that | | | | argue that their burden to show a valid arrest is |
| resulted in the charges being filed. A traffic stop | | | | only probable cause. Probable cause for an arrest |
| can be made simply because the officer has | | | | is a lesser standard than proof beyond a |
| reasonable suspicion that you were doing | | | | reasonable doubt. This is also the same standard |
| something illegal. However, with a traffic arrest, | | | | of proof as in a civil trial, meaning that if this was |
| especially for a Virginia DUI charge, the officer | | | | a civil case and the prosecution presented |
| must have probable cause to actually arrest you. | | | | evidence of everything leading to the arrest, the |
| Evidence and Your Invalid Arrest | | | | Commonwealth of Virginia would have proved |
| When your charges for a Virginia DUI arise from | | | | that it was likely the accused was guilty of a DUI. |
| a suspected invalid arrest you must be able to | | | | However, the point is that although the burden of |
| prove that there was not enough evidence | | | | proof is less strict than proving your guilt beyond |
| generated prior to the arrest to allow that arrest | | | | a reasonable doubt, the Commonwealth's burden |
| in the first place. | | | | to prove an arrest by a preponderance of the |
| When you are arrested for DUI the | | | | evidence is still a significant burden to meet. |
| circumstances and evidence that manifested prior | | | | Basically, if there is no probable cause for the |
| to your arrest are what the court will take into | | | | arrest, it is an invalid arrest and may result in your |
| consideration. The arresting officer must have had | | | | DUI charges being dismissed. |
| probable cause to arrest you prior to doing so. | | | | Probable Cause and Your Virginia DUI |
| Just reasonable suspicion that you were drunk at | | | | Proving that a police officer did not have probable |
| the time of the invalid arrest is not enough to | | | | cause to arrest you for Virginia DUI can be |
| justify the actual arrest, even if later testing | | | | difficult to do on your own. You should consult |
| proves it. | | | | with a professional Virginia DUI defense attorney |
| If your attorney is able to suppress the evidence | | | | to discuss your case and determine your best |
| obtained after your DUI arrest based on an invalid | | | | DUI defense strategy. Your lawyer will be able to |
| arrest, the court will not be able to consider any | | | | determine if your charges resulted from an invalid |
| evidence obtained after your invalid arrest was | | | | arrest and build your defense around that point if |
| made. This means blood and alcohol tests | | | | applicable. |
| administered back at the police station are invalid | | | | Remember, when in doubt - speak to an |
| as evidence, even if they are found to prove you | | | | experienced Virginia DUI defense attorney. You |
| were above the legal limit. | | | | owe it to your criminal and driving records to get |
| Failure to Respond to Prosecutor's Argument | | | | the help you deserve! |