Emporia DUI Lawyer

Driving under the influence of alcohol is dangerous and can jeopardize the lives of the driver, the vehicle’s passengers, occupants of other vehicles, and pedestrians. As such, driving under the influence should be avoided at all costs. When a driver is charged with DIO, regardless of the police allegations or the circumstances leading to an arrest, the driver has legal rights that must be upheld. A local Emporia DUI lawyer can ensure that your legal rights are protected if you have been arrested and charged with driving under the influence. If you have been charged with a DUI, contact an adept attorney today.

Reasonable Suspicion of DUI

Drivers that have a blood alcohol content of .08 or higher can be charged with driving under the influence in Emporia and throughout Virginia. For the charges to be constitutionally valid in court, the officer must establish that they had a reasonable suspicion that the driver was under the influence or committed another crime before the officer has legal grounds to stop the driver.

Reasonable suspicion requires that the officer observe behavior, such as speeding, crossing the lines of the lane, or some other type of suspicious behavior. Further, the officer must be able to state with specificity what they believed established the reasonable suspicion before she or he has the right to stop the vehicle.

DUI Stops in Emporia

An officer that has established that she or he a reasonable suspicion to stop a driver’s vehicle does not automatically have a valid reason to make an arrest. Police officers must have probable cause to arrest the driver and reasonable suspicion does not necessarily provide that justification. Probable cause requires an officer to have sufficient evidence that would allow them to infer that a person has committed a crime.Officers will use their senses to meet the probable cause standard for an arrest after stopping a driver when there is a suspicion that the driver is under the influence.

When an officer smells alcohol, a driver’s pupils appear dilated, the driver tells the officer that they have had alcohol, and/or there are open containers of alcohol in the vehicle, an officer may direct a driver to complete field sobriety tests.Field sobriety tests include roadside breath tests, coordination tests, and balance tests, among others.

Officers that are searching for probable cause anything that she or he witnessed to meet the probable cause threshold. Once a driver is arrested for DUI, if they refuse to submit to the official breath test, regardless of what the driver is convicted of, if anything, she or he can lose their driving privileges since that is an administrative matter.

The Right to Remain Silent

Drivers that are stopped for suspicion of drunk driving have the right to remain silent. A driver is only required to provide the officer with their correct name, their identification, and their registration. A driver is not required to respond to questions about where she or he is going to or returning from. Drivers may politely decline to respond to any other questions or provide any additional information. A Emporia DUI lawyer can inform individuals of their rights, and ensure that their rights are respected.

How an Emporia DUI Attorney Can Help

If you have been charged with driving under the influence in Emporia, you have the right to be represented by a qualified Emporia DUI lawyer of your choice. Contact an experienced local advocate immediately, who can guide you through the judicial process.