New Kent Drug DUI Defenses

In a New Kent drug DUI case, each case is different but there are going to be three things in which to look to when looking at a DUID: the stop, the test, and the blood draw. Those are the three things to challenge because, a lot of times in a DUID case, there may be tests incorrectly done or rights violated. A drug DUI attorney in New Kent will be able to help anyone build a defense utilizing various strategies in order to provide them with a positive outcome in their DUID case.

Defense Strategies

One of the most frequent defense strategies for a New Kent drug DUI is to challenge the DUI stop. Attorneys will want to know why the person was stopped, if was for some other crime or if they said from the beginning it was for a suspected DUID. Also, they can challenge that field sobriety test. They will want to know all specifics of the stop and how close they were to the testing, and if they were able to complete the test. They will want to challenge the fingertip test and the alphabet test. They will want to know if the instructions were given clearly and precisely, what they mean and what they prove.

Then, they will want challenge the blood test.  Were all other procedures properly followed in order to have a person’s blood drawn? If there were any gaps in the procedure or anything done illegally, then they are able to challenge that and keep that blood draw out of the case, which may ultimately lead to a person’s acquittal.

Consenting to a Search

A person never has to consent to a vehicle search during a DUI stop and they should not do so. There is no reason to do it. If the officers want to arrest them and administratively search their vehicle, they are going to do so anyway. If a person consents to the vehicle search, they are essentially turning over their ability to challenge it in court because they are telling the officer that whatever they do is okay because they agree with it. A person does not have to consent to a vehicle search, and they should not, and that is one way to help their defense in a drug DUI case in New Kent.

Potential Penalties

In a New Kent DUID case, an individual should expect to have a person’s blood drawn. That person should expect to have experts at their particular trial. A person should expect that, if they are convicted, then not only would they be facing jail time but on top of that, there is a mandatory suspension of their license for a year.

A person can get a restricted license. However, to get a restricted license, they must have the ignition interlock system placed in their car. The ignition interlock system is essentially a breathalyzer that they must blow into in order to start the car and to keep the car running.

They are going to have to report to a special probation called the VASAP, which stands for the Virginia Alcohol Safety Action Program, which they are going to have to successfully complete. They are going to have to do all of those things over roughly four to six months.