Challenging the BAC in a Loudoun and Leesburg DWI or DUI case

If the officer properly administered a breath test and the Intoxilyzer machine was working correctly and calibrated there are still many ways to challenge the measured BAC level before it can be entered into evidence in a DUI trial in Loudoun County courts. Fairfax and Leesburg DWI and DUI lawyers have been challenging the statute which allows the evidence of BAC as a “rebuttable presumption” that a driver was intoxicated at the time he operated the vehicle. Some Virginia appellate courts have decided that the “rebuttable presumption” of guilt if a person has a .08 or greater BAC is an unconstitutional, as it deprives a person’s “presumption of innocence” and improperly shifts to the defendant the burden of proof in a Leesburg DUI case. These appellate courts have determined that instead of a “rebuttable presumption” of alcohol consumption, there is now a “permissive inference” of intoxication.

Virginia DUI and DWI defense lawyers have taken advantage of this positive change in the interpretation of the law to highlight scientific issues that have been used to defend allegations of DUI and DWI for decades.

As a result, a Leesburg DUI attorney should ask you about:

- Your health on the day of arrest and any recent medical treatment

- Whether you were taking any prescription or over the counter medications

- What you had ate breakfast, lunch, or dinner on the day of the DUI charge

- Your weight, height, and age

What kind of alcohol were you drinking on the day you were arrested for DUI - were they mixed drinks, tall or short glasses of beer, etc., and what are your usual drinking habits
The Gordon Law Firm’s DUI lawyer in Loudoun County, Alex Gordon, will explain how these factors may help in the defense of your case. In some DUI cases, the testimony of an expert toxicologist may be required to convince the court that the Blood Alcohol Content that was measured does not accurately reflect the amount of alcohol in the driver’s system at the time he or she was driving.

Any of these factors could be important in any DUI or DWI case in Leesburg. We encourage you to consult with an experienced Leesburg DUI attorney to thoroughly review the facts of your case. Do not presume you are going to be found guilty, lose you license, and go to jail. Armed with the facts you present to us at a free consultation, the DUI lawyers of The Gordon Law Firm will examine these factors that may have a positive effect on your case. Click here to contact us.
Alex Gordon, our Leesburg DUI lawyer will look for weaknesses in the prosecutor’s case and attempt to present effective factual and legal arguments in order attempt to achieve a positive result at trial. Depending upon the facts of your DWI case in Loudoun County, it may be possible to convince the prosecuting attorney to minimize the amount of fines, jail time, or license suspension or even a reduction of the criminal charges. If negotiation is unsuccessful, we will work with you as we prepare for a trial of your DUI case before a judge or jury.