Most people think that after they are arrested for a DUI, the case is done and that there is no way they can get out from under such a reputation-destroying incident. This may come as a surprise to most people, but simply being arrested for a DUI does not mean you are convicted for a DUI. The Virginia DUI attorneys at Randall, Page & Bruch, P.C. want to talk about a case here in Virginia about a legislator facing a serious charge, but using the law to rightfully get himself out with no charges.
In January 2020, delegate Chris Hurst admitted he had been drinking when police pulled him over and issued a sobriety test early Sunday morning.
At 2 AM, officers pulled over Hurst because he was swerving through the fog and drive above the posted speed limit. The officers on approach noticed that Hurst’s eyes were red and the inside of the car smelled of alcohol.
When he was administered a field sobriety test, he registered a .085 which is above the legal limit. Here is the problem is a breathalyzer test: it isn’t admissible in court. The test needs to be done at the station and by the time he got there, he would be under the legal limit. The officers did not let Hurst drive home but instead escorted him home.
Having a case where the blood alcohol is barely over the limit leaves people room to argue their case before a court, but they need legal help to do it. Having a DUI on your record can cause untold harm, haunting you in numerous ways from court battles to custody hearings, difficulty applying for jobs to just the shame of having this on your record.
Driving while under the influence is undoubtedly a problem, but the law has an obligation. The law must follow the right procedures across the board.
These costs add up quickly. Losing the ability to drive for a year as well as the compounding fines whether from the court or for restitution can be a crippling cost. We want you to fight a DUI so you are not under the control of the state, taking away your rights to get to work, pick up your kids, and take care of your family.
If you have been arrested for a DUI and you want representation please call us immediately so we can conduct a full investigation into your case. A DUI conviction can cause such burdens as: