How do you analyze a DUI/DWI case?

There are literally hundreds of issues that can come up in drunk driving case.  DUI/DWI defense is a very technical and complicated area and is constantly changing. 
However, at the core of any analysis, are three main issues: (1) Was there reasonable suspicion for the stop? (2) Was there probable cause for the arrest? (3) Is there proof beyond a reasonable doubt?   
Starting with the stop - it is important to determine if there was a proper basis.
The officer must have a reasonable suspicion, based on objective facts, that the suspected driver is involved in criminal activity.  A mere "hunch" is not enough and lawful conduct that the officer may subjectively view as unusual is insufficient.
Why is this important? If prosecutor looses this argument all evidence obtained after the stop is not admissible.  Read more - Challenging the DUI Stop - If the officer did not have a proper basis to stop you, all of the evidence can be thrown out.
A similar analysis is performed for probable cause to arrest.  The standard is higher at this stage, but nonetheless important because if the government loses this argument, the evidence obtained after the arrest is inadmissible. Remember, the breath result at the Adult Detention Center (ADC) that is obtained after the arrest.  Read more - Undermining Probable Cause for the DUI Arrest - If the officer lacked probable cause to arrest you, evidence obtained after the arrest is inadmissible.

The final stage of the analysis is "reasonable doubt" - which is the ultimate standard in any criminal case and requires a weighing of all of the facts and circumstances in the case.   
This basic structure is somewhat of an oversimplification of the analysis a Fairfax DWI attorney performs in a DUI case.  At each step there are many issues and thousands of cases that might apply. 
Part of what makes the area so challenging is that an attorney has to be on top of all the law and technical issues so that he can spot potential problems with your case.  If your Fairfax DUI lawyer misses an issue, it is not the job of the prosecutor or judge to tell him.
Call or email  to schedule a free, no-obligation consultation with Fairfax DUI attorney Kyle G. Manikas.  Mr. Manikas will analyze your Fairfax case from the perspective of a former Fairfax County prosecutor who has an inside understanding of the Fairfax system you will face.