When you are charged with DUI in Virginia, you face an automatic license suspension. It is possible, however, to appeal this suspension if you feel the traffic stop was improper or that the evidence against you was faulty. If you feel that your license suspension was unfair, you can challenge the suspension in an administrative hearing at any time during the suspension.
Administrative Hearing
This administrative hearing is separate from the criminal trial, but has many of the same features. During this hearing, an attorney will be able to:
- Cross-examine witnesses
- Introduce evidence on your behalf
- Challenge the evidence of the prosecution
If it can be shown, for instance, that the breathalyzer used at the police station had not been properly calibrated, it can lead to reasonable doubt about the accuracy of its reading. Similarly, if it can be shown that a traffic stop was improper, it may be possible to have the evidence against you dismissed. While this will not prevent the criminal trial, it will allow you to drive freely without restriction.
Any evidence collected by the lawyer can then be used in your criminal trial to help get these serious charges dropped. This will prevent jail time, an ignition interlock, probation, and the heavy fines that accompany a DUI conviction.
