Using a Social Host Law as a Defense in a Virginia DUI Charge

A social host law is a state law that holds an individual who serves alcohol to an intoxicated person responsible for compensating the victims of an accident that this person causes. Many states have enacted social host laws. However, Virginia does not have a social host law or a dram shop law that would hold a business responsible for serving alcohol to an intoxicated person or minor. A social host cannot be held liable for compensating the victims if you cause an accident because you were drunk. Social host laws in Virginia

Defenses You Can Use in Your Petersburg DUI Case

Even though you can’t use a social host law as a defense in your DUI case, there are other strong  defenses that may be applicable depending on the circumstances of your arrest—even if you know you are guilty of consuming alcohol and driving. Some of these possible defenses include:

  • The police did not have probable cause to stop you or to arrest you for a DUI.
  • The police failed to give you your Miranda warnings or continued to question you after you invoked your right to remain silent and to be represented by an attorney.
  • The field sobriety tests were administered improperly by the officer, and the results are wrong.
  • The testing of your blood alcohol content was not performed correctly and was, therefore, inaccurate.
  • Your blood sample was not stored properly or the chain of custody was broken after your blood sample was taken by the police.

An experienced DUI attorney who handles many of these cases in Virginia courts can identify the defenses that apply to your case given the circumstances of your arrest. Your defenses may result in vital evidence not allowed to be used against you and can lead to the charges being dismissed or reduced to a less serious offense. Call our Petersburg office today to schedule your free consultation to get the help you need in building a strong defense.

 

Charles V. Hardenbergh
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