Yes. This is something that you should discuss with your Fairfax drunk-driving defense attorney. If the sobriety test was invalid then it is possible that your Virginia drunk-driving case will be dismissed. Quite simply, if the arrest was invalid then the state likely does not have a case against you.
The police may request that you perform different actions such as standing on one leg, walking on a straight line, counting backwards, or performing some other type of physical or cognitive exercise. Of course, there are many factors other than intoxication that can influence the results of these tests. For example, you may be tired, stressed, suffer from a medical condition, or simply have poor coordination. These may be reasons why you fail a Virginia field sobriety test, but they are not reason for you to be convicted of drunk driving in Virginia.
It is not only field sobriety tests that may be incorrect. Even if the officer who arrested you administered a breathalyzer test, there could be problems that would result in a reading of 0.08% or greater even though you were sober.
You should not have to suffer the penalties of a drunk-driving conviction because of an invalid test. To learn more about your rights and how to protect them, we encourage you to read the resources available on our website and to call an experienced Northern Virginia DUI defense lawyer today at 703.385.5529.