Understanding the Consequences and Stakes of a Virginia DUI

A DUI conviction in Virginia carries significant and life-altering consequences that extend far beyond a simple fine. The Commonwealth takes drunk driving offenses with utmost seriousness, reflecting the potential danger they pose to public safety.

Virginia law, primarily governed by Virginia Code § 18.2-266 et seq., establishes strict parameters for what constitutes driving under the influence. This includes operating a motor vehicle while having a blood alcohol content (BAC) of 0.08% or higher, being under the influence of alcohol to a degree that impairs your ability to drive safely, or being under the influence of any narcotic drug or intoxicant, regardless of BAC. The penalties escalate significantly with prior convictions, higher BAC levels, or if there are aggravating factors like injuries or property damage.

First Offense DUI Penalties (Virginia Code § 18.2-270):

• Jail Time: While a first offense typically has no mandatory minimum jail time unless aggravating factors are present (e.g., BAC of 0.15-0.20% requires 5 days mandatory; BAC over 0.20% requires 10 days mandatory), judges have discretion to impose up to 12 months.
• Fines: A mandatory minimum fine of $250, but can range up to $2,500.
• License Suspension: Mandatory 12-month license suspension. A restricted license may be granted after a period, often with an ignition interlock device (IID) requirement.
• Alcohol Safety Action Program (ASAP): Mandatory enrollment and completion of an ASAP program, which includes education, intervention, and treatment.
• Ignition Interlock Device (IID): Often required for any restricted license.

Second Offense DUI Penalties (within 5 or 10 years):

• Jail Time: Significantly increased mandatory minimum jail time (e.g., 20 days within 5 years, 10 days within 10 years), up to 12 months.
• Fines: Mandatory minimum fines ranging from $500 to $1,000, up to $2,500.
• License Suspension: Mandatory 3-year license suspension. Restricted licenses are difficult to obtain and come with strict IID requirements.
• ASAP & IID: Mandatory enrollment in ASAP and IID requirement.

Third or Subsequent Offense DUI Penalties:

• Felony Charge: A third offense within 10 years is a Class 6 felony, leading to far more severe penalties.
• Jail/Prison Time: Mandatory minimum jail time (e.g., 6 months within 10 years), with potential for much longer prison sentences (up to 5 years).
• Fines: Mandatory minimum $1,000, up to $2,500.
• License Suspension: Indefinite license suspension (can petition for reinstatement after a period).
• Vehicle Forfeiture: The vehicle used in the offense may be subject to forfeiture under Virginia Code § 18.2-271.1.

Other Significant Stakes:

• Criminal Record: A DUI conviction is a permanent mark on your criminal record, impacting employment opportunities, professional licenses, and even housing.
• Insurance Rates: Expect substantial increases in auto insurance premiums, often requiring high-risk SR22 insurance.
• Social and Personal Impact: The stigma, stress, and disruption to daily life from a DUI charge can be immense.

Navigating these serious penalties requires a deep understanding of Virginia’s legal landscape. Law Offices Of SRIS, P.C. brings extensive experience to protecting your rights and mitigating these consequences.

The Virginia DUI Legal Process: From Arrest to Resolution

The journey through a DUI charge in Virginia involves distinct stages, each presenting critical junctures where informed legal guidance is indispensable. Understanding this process, from the initial traffic stop to potential appeals, is key to mounting an effective defense.

The legal process for a DUI in Virginia typically begins with a traffic stop, often for a minor infraction or erratic driving, which leads an officer to suspect impaired driving. Here’s a breakdown of the typical flow:

1. The Traffic Stop and Field Sobriety Tests (FSTs):

An officer will observe driving behavior and may pull you over. During the interaction, the officer will look for signs of impairment (e.g., odor of alcohol, slurred speech, bloodshot eyes). You may be asked to perform FSTs, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand. While you can generally refuse FSTs without immediate legal penalty, doing so might lead the officer to base probable cause for arrest on other observations.

2. Preliminary Breath Test (PBT) and Arrest:

After FSTs, an officer might request a PBT. This roadside device is used to establish probable cause for arrest, not for evidentiary purposes in court. If the officer determines probable cause exists, you will be arrested for DUI.

3. Implied Consent and Evidentiary Test:

Upon arrest, you will be transported to a police station or medical facility for an evidentiary blood or breath test. Virginia’s implied consent law (Virginia Code § 18.2-268.2) states that by driving on public roads, you consent to this test if arrested for DUI. Refusing this test results in an immediate administrative license suspension for 7 days (first refusal) and can lead to a separate charge of unreasonable refusal, carrying a mandatory 12-month license suspension (first refusal) even if acquitted of the DUI. This administrative action is handled by the Virginia Department of Motor Vehicles (DMV).

4. Booking and Release:

After the test, you will be booked, fingerprinted, and typically released on bond or recognizance with a court date. Sometimes, particularly if BAC is very high or there’s a prior record, you may be held until sober or until a bail hearing.

5. Arraignment and Pre-Trial Proceedings:

Your first court appearance will be in the Virginia General District Court. This is usually an arraignment, where you are formally charged and enter a plea (typically not guilty). Your attorney will review discovery (evidence against you), file motions (e.g., motion to suppress evidence), and engage in plea negotiations with the prosecutor.

6. Trial:

DUI cases are typically tried in the Virginia General District Court. You have the right to a bench trial (judge only). If convicted, sentencing occurs. If acquitted, the case is dismissed. Either party can appeal a General District Court decision to the Virginia Circuit Court, where a new trial (de novo) will be held.

7. Sentencing and Post-Conviction Requirements:

If convicted, the judge will impose penalties according to Virginia Code § 18.2-270, which includes fines, jail time, license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program (ASAP). ASAP monitors compliance with license requirements, including ignition interlock device installation, and provides alcohol education and treatment. The Virginia DMV plays a crucial role in administering license suspensions and restrictions based on court orders.

Throughout this complex process, the expertise of Law Offices Of SRIS, P.C. is invaluable. We represent clients in General District and Circuit Courts across Virginia, working diligently with prosecutors, judges, and the DMV to secure the best possible outcome.

The SRIS Virginia DUI Defense Navigator Tool

Understanding where you stand and what steps to take is crucial when facing a DUI charge. The SRIS Virginia DUI Defense Navigator Tool is designed as a practical, step-by-step guide to help you assess your situation and prepare for the legal journey ahead. While not a substitute for legal counsel, this tool provides a structured framework based on common elements of a Virginia DUI case.

How to Use Your SRIS Virginia DUI Defense Navigator:

Follow these steps to better understand your case and prepare for discussions with your attorney:

1. Initial Incident Assessment:
   • Date & Time of Stop: When did it happen?
   • Location of Stop: Where were you pulled over?
   • Reason for Stop: What reason did the officer give for pulling you over (e.g., speeding, weaving, broken taillight)?
   • Officer’s Observations: Did the officer note any specific observations (e.g., odor of alcohol, slurred speech, bloodshot eyes)?
2. Field Sobriety Tests (FSTs) Details:
   • Were FSTs offered? (Yes/No)
   • Did you perform FSTs? (Yes/No)
   • If yes, which tests? (HGN, Walk-and-Turn, One-Leg Stand, others)
   • How do you feel you performed? (Poorly, Fairly, Well)
   • Were there any physical limitations or conditions that might have affected your performance? (e.g., injury, medical condition, footwear, road conditions)
3. Preliminary Breath Test (PBT) Information:
   • Was a PBT offered? (Yes/No)
   • Did you take the PBT? (Yes/No)
   • If yes, do you recall the reading? (Approximate BAC)
4. Arrest & Custodial Questions:
   • Were you arrested? (Yes/No)
   • Were you read your Miranda Rights? (Yes/No)
   • Did you make any statements to the police after arrest? (Yes/No – if yes, what was said?)
5. Evidentiary Test (Breath or Blood) Details:
   • What type of evidentiary test was requested? (Breathalyzer/Blood Test)
   • Did you consent to the test? (Yes/No)
   • If breath, what was the reading? (Reported BAC)
   • If blood, was a second sample requested/taken for independent testing? (Yes/No)
   • Were you given an opportunity to contact an attorney before taking the test? (Yes/No)
   • Were there any issues with the test administration? (e.g., equipment malfunction, operator error, medical conditions impacting breath test)
6. Post-Arrest & Court Information:
   • Were you released on bail/recognizance? (Yes/No)
   • Do you have a court date? (Yes/No – if yes, date, time, court location)
   • Have you received any paperwork from the DMV regarding your license? (Yes/No)
7. Personal & Prior History:
   • Do you have any prior DUI convictions or reckless driving convictions? (Yes/No – if yes, provide dates/locations)
   • Do you have any medical conditions or prescriptions that could affect impairment or test results? (Yes/No – if yes, describe)

By compiling this information using the SRIS Virginia DUI Defense Navigator, you provide your legal team at Law Offices Of SRIS, P.C. with a crucial foundation for building your defense. This organized approach helps us quickly identify potential areas for challenge and strategy.

Legal Strategies and Defenses Against DUI Charges in Virginia

A strong defense in a Virginia DUI case requires a meticulous review of all evidence, a deep understanding of legal precedent, and the ability to challenge the prosecution’s case effectively. There are numerous avenues to explore, depending on the specifics of your arrest.

As a seasoned Virginia DUI attorney, I approach every case with the assumption that a robust defense is possible. My strategy revolves around dissecting the evidence and procedures, seeking any deviation from legal standards or scientific accuracy. Here are some common defense strategies we consider:

1. Challenging the Traffic Stop:

The Fourth Amendment protects against unreasonable searches and seizures. An officer must have “reasonable suspicion” to initiate a traffic stop. If the stop was unlawful, any evidence gathered afterward might be suppressed. We will rigorously examine dispatch logs, dashcam footage, and officer testimony to determine if the initial stop was justified.

2. Disputing Probable Cause for Arrest:

Even if the stop was legal, the officer must have “probable cause” to arrest you for DUI. This is often based on observations of impairment (e.g., odor of alcohol, slurred speech) and performance on Field Sobriety Tests (FSTs). We scrutinize FST administration, looking for improper instructions, environmental factors (weather, uneven ground, lighting), or physical conditions (injuries, medical issues, footwear) that could have skewed results. FSTs are subjective and require precise execution to be considered reliable.

3. Contesting Breathalyzer (Intoxilyzer) Test Results:

Breath test results are often central to the prosecution’s case, but they are not infallible. Under Virginia Code § 18.2-268.9, there are strict regulations regarding breath test devices and their operation. Defenses may include:

• Calibration Issues: Devices must be regularly calibrated and maintained according to state guidelines. We verify calibration records.
• Operator Error: The officer administering the test must be certified and follow specific protocols. Any deviation can render the results inadmissible.
• Physiological Factors: Certain medical conditions (e.g., acid reflux, GERD, diabetes, dental work) or even specific diets can affect breath alcohol readings. Residual mouth alcohol can also lead to an artificially high reading.
• Observation Period: Virginia requires a 20-minute observation period prior to the test to ensure the subject hasn’t ingested anything or regurgitated, which could affect the reading.

4. Challenging Blood Test Results:

Blood tests are generally considered more accurate than breath tests, but they too can be challenged. Potential defenses include:

• Improper Collection/Storage: Blood samples must be collected by qualified personnel, using sterile equipment, and stored properly to prevent contamination or fermentation.
• Chain of Custody: We examine the chain of custody to ensure the sample was handled correctly at every stage, from collection to laboratory analysis.
• Laboratory Errors: Mistakes can occur in the lab, from mislabeling to improper analytical techniques. We can request independent analysis of the sample.
• Rising BAC: If blood was drawn some time after driving, your BAC might have been rising and could have been lower at the time you were driving.

5. Miranda Rights Violations:

If you were not read your Miranda Rights (the right to remain silent and the right to an attorney) at the appropriate time (when in custodial interrogation), any statements you made could be suppressed.

6. Violation of Right to Counsel:

While Virginia’s implied consent law does not grant a right to speak with an attorney before taking the evidentiary test, if police interfere with your attempt to contact counsel when you have a legal right to do so (e.g., after arrest and before custodial interrogation), it could lead to suppression of evidence.

7. No Actual Driving:

In some circumstances, it may be argued that the accused was not “operating” or “driving” the vehicle under Virginia law at the time of the alleged offense, for example, if they were merely sleeping in a parked car with the engine off.

8. Challenging Officer Testimony:

Cross-examination of the arresting officer is a critical part of our defense. We challenge the officer’s observations, recall, and adherence to proper procedures. Inconsistencies or lack of training can weaken the prosecution’s case.

Every DUI case is unique, and the most effective defense strategy will be tailored to your specific circumstances. Law Offices Of SRIS, P.C. brings decades of experience to bear in meticulously building these defenses on behalf of our clients in Virginia.

Common Mistakes to Avoid in a Virginia DUI Case

When facing a DUI charge in Virginia, even seemingly minor missteps can severely compromise your defense. Having represented countless individuals, I’ve observed recurring errors that can make a difficult situation even more challenging. Avoiding these pitfalls is as crucial as building a strong defense.

1. Discussing Your Case with Law Enforcement: After being pulled over, you are generally required to provide your license and registration. Beyond that, you have the right to remain silent. Any statements you make can and will be used against you. Do not attempt to explain, justify, or argue with the officer. Politely state you wish to speak with an attorney.
2. Refusing the Evidentiary Test Without Understanding Consequences: While you can refuse the evidentiary blood or breath test, doing so in Virginia carries immediate administrative penalties (7-day license suspension for first refusal) and a separate criminal charge for unreasonable refusal (Virginia Code § 18.2-268.3), which can result in an additional 12-month license suspension (first refusal), even if you are acquitted of the DUI. It’s a complex decision, and understanding the ‘implied consent’ law is vital.
3. Failing to Seek Experienced Legal Counsel Immediately: Time is of the essence in a DUI case. Evidence can be lost, and opportunities to challenge procedures can pass. Delaying legal representation means potentially missing critical deadlines, losing access to crucial evidence (like video footage), and making uninformed decisions.
4. Failing to Document the Incident: As soon as possible after your release, write down everything you remember about the stop, arrest, and booking process. Details about the time, location, officer’s behavior, specific questions asked, and your physical state can be incredibly valuable to your defense. Take photos of the scene if safe and relevant.
5. Assuming Guilt and Not Fighting the Charges: Many individuals believe a DUI charge is indefensible, especially if they believe they were impaired or tested over the limit. This is a critical mistake. As outlined in our strategies section, there are numerous legal and factual defenses that can be mounted. Don’t assume the outcome; consult with a seasoned attorney.
6. Consuming Alcohol or Drugs After the Stop but Before the Test: While rare, some individuals, upon realizing they are likely to be tested, consume more alcohol or drugs to “throw off” the test. This is illegal and will severely complicate your case, potentially leading to additional charges.
7. Ignoring Administrative Penalties from the DMV: A DUI charge involves both criminal court proceedings and administrative actions by the Virginia DMV. Failure to address DMV-related license suspensions or requirements can lead to further complications, including driving on a suspended license, which carries its own severe penalties.
8. Talking About Your Case on Social Media: Anything you post online can be used by the prosecution. Avoid discussing your case, your arrest, or your feelings about the incident on any public platform. Even private messages can be discoverable.
9. Not Adhering to Bail Conditions: If released on bond, you will have conditions (e.g., no alcohol consumption, ignition interlock). Violating these conditions can lead to immediate re-arrest and revocation of bond, potentially hindering your case.
10. Failing to Understand the Long-Term Consequences: A DUI conviction impacts more than just your driver’s license. It affects employment, insurance rates, professional licenses, and potentially your ability to travel. Understanding the full scope of these consequences can motivate a more proactive defense.

By being aware of these common mistakes, you can better position yourself to navigate the Virginia DUI legal landscape. Law Offices Of SRIS, P.C. provides the proactive guidance needed to avoid these pitfalls and pursue the best possible outcome.

Glossary of Key Virginia DUI Terms

Navigating the legal landscape of a Virginia DUI can be challenging due to specific terminology. Here are definitions for some key terms you might encounter:

BAC (Blood Alcohol Content)

A measurement of the amount of alcohol in a person’s blood, typically expressed as a percentage. In Virginia, a BAC of 0.08% or higher is considered per se intoxicated for drivers over 21.

Implied Consent Law

Virginia Code § 18.2-268.2. By driving on public roadways in Virginia, you are deemed to have given consent to a blood or breath test if lawfully arrested for DUI. Refusal carries separate administrative and criminal penalties.

Field Sobriety Tests (FSTs)

A battery of physical and mental coordination tests administered by law enforcement to assess a driver’s impairment, such as the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand.

Ignition Interlock Device (IID)

A breath alcohol analysis device installed in a vehicle that prevents the engine from starting if alcohol is detected on the driver’s breath. Often a mandatory requirement for restricted driving privileges after a DUI conviction.

Alcohol Safety Action Program (ASAP)

A mandatory Virginia state program that evaluates, educates, and treats individuals convicted of DUI. Completion is required for license restoration.

Restricted License

A driver’s license issued by the Virginia DMV that allows an individual to drive only under specific, court-ordered conditions (e.g., to/from work, school, ASAP, medical appointments).

Probable Cause

The legal standard required for a police officer to make an arrest or conduct a search. It means there are sufficient facts and circumstances to believe that a crime has been committed and that the person to be arrested committed it.

Common Scenarios & Questions in Virginia DUI Cases

Drawing from my extensive experience, I’ve identified several common scenarios and questions that frequently arise for individuals facing DUI charges in Virginia. These real-world examples illustrate the complexities and nuances of these cases:

Scenario 1: The “One Drink” Defense

“I only had two beers hours ago, but my BAC was 0.09%. How is that possible? I felt fine.”

This is a frequent concern. The reality is that individual alcohol metabolism varies greatly based on factors like weight, gender, food intake, and even medication. What feels like “fine” to one person might still result in an illegal BAC. Furthermore, the timing of the test relative to your last drink can influence the reading (e.g., a “rising BAC” defense if tested while alcohol is still being absorbed). My role is to scrutinize the timing, the test’s accuracy, and any factors that could have influenced your specific BAC reading at the time of driving. We investigate breathalyzer calibration logs and officer certification.

Scenario 2: Refusal of Field Sobriety Tests (FSTs)

“I politely refused all the roadside tests because I heard you don’t have to do them. Will that hurt my case?”

Refusing FSTs is your right and often a wise decision, as these tests are subjective and designed to be difficult. While refusing them cannot be used against you as evidence of guilt in court, the officer will likely articulate other observations (e.g., odor, slurred speech, erratic driving) that led to probable cause for arrest. The challenge then shifts to dissecting those observations and proving they do not establish impairment beyond a reasonable doubt. We focus on the legality of the stop and the officer’s basis for arrest independent of FSTs.

Scenario 3: The Prescription Medication DUI

“I was pulled over and charged with DUI, but I haven’t had any alcohol. I’m on prescription medication for pain. Can this still be a DUI?”

Absolutely. Virginia Code § 18.2-266 explicitly includes being under the influence of any narcotic drug or intoxicant, even if legally prescribed, if it impairs your ability to drive safely. These cases are particularly challenging because they often involve complex medical and pharmacological evidence. We work with medical experts to understand the effects of your medication and whether your driving impairment, if any, could be attributed to the drug at a therapeutic level or if other factors were at play. The prosecution still has to prove impairment beyond a reasonable doubt.

Scenario 4: The Out-of-State Driver

“I got a DUI in Virginia, but I’m from out of state. How will this affect my license in my home state, and do I still have to come back for court?”

This is a very common situation. Virginia DUI convictions can indeed impact your out-of-state license due to interstate compacts like the Driver License Compact. While Virginia will suspend your driving privileges within the Commonwealth, your home state DMV will likely be notified and may impose its own penalties, including suspension or revocation, based on your state’s laws. You will almost certainly be required to appear in Virginia court. We represent many out-of-state clients, helping them navigate these dual legal systems and fulfilling their court obligations without unnecessary travel.

Frequently Asked Questions (FAQ) about DUI in Virginia

Given the complexity of Virginia DUI law, it’s natural to have many questions. Here are answers to some of the most frequently asked questions:

1. What is the legal BAC limit for DUI in Virginia?

   The legal Blood Alcohol Content (BAC) limit for most drivers aged 21 and over in Virginia is 0.08%. For commercial drivers, it’s 0.04%, and for drivers under 21, Virginia has a “zero tolerance” policy with a BAC limit of 0.02%.

2. Can I get a DUI for driving under the influence of drugs in Virginia?

   Yes, Virginia law prohibits driving while under the influence of any narcotic drug or intoxicant, even if legally prescribed, if it impairs your ability to drive safely. This includes illegal drugs, prescription medications, and even over-the-counter drugs if they cause impairment.

3. What happens if I refuse a breath or blood test in Virginia?

   Refusing an evidentiary breath or blood test in Virginia triggers an immediate 7-day administrative license suspension for a first refusal. It also leads to a separate criminal charge of unreasonable refusal (Virginia Code § 18.2-268.3), which carries a mandatory 12-month license suspension for a first offense, regardless of the outcome of the DUI charge itself. Subsequent refusals carry even harsher penalties.

4. Is there mandatory jail time for a first-offense DUI in Virginia?

   A first-offense DUI in Virginia typically does not carry mandatory minimum jail time unless aggravating circumstances are present. However, if your BAC is between 0.15% and 0.20%, there’s a mandatory 5-day jail sentence. If your BAC is 0.20% or higher, it’s a mandatory 10 days in jail. Judges always have the discretion to impose up to 12 months in jail.

5. How long will my license be suspended for a Virginia DUI conviction?

   For a first offense, your license will be suspended for 12 months. For a second offense within 10 years, it’s a 3-year suspension. A third offense within 10 years results in an indefinite suspension. Restricted licenses may be available after a waiting period, typically with an Ignition Interlock Device (IID) requirement.

6. What is ASAP, and is it mandatory?

   ASAP stands for the Virginia Alcohol Safety Action Program. It is a mandatory education, intervention, and treatment program for anyone convicted of DUI in Virginia. Enrollment and successful completion are required for license restoration.

7. Can I get a restricted license after a DUI conviction?

   Often, yes, but it depends on the offense number and other factors. A restricted license allows you to drive for specific purposes (e.g., to work, school, ASAP meetings) and almost always requires the installation of an Ignition Interlock Device (IID) in your vehicle.

8. What are Field Sobriety Tests (FSTs), and do I have to perform them?

   FSTs are roadside tests like the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand, used by officers to assess impairment. In Virginia, you are not legally required to perform FSTs. Refusing them generally will not lead to immediate penalties, but the officer may still use other observations to establish probable cause for arrest.

9. Will a DUI conviction affect my employment or professional license?

   Yes, a DUI conviction can significantly impact employment opportunities, especially for jobs requiring driving or professional licenses (e.g., CDL, medical, legal). Many employers conduct background checks, and a criminal record can be a disqualifying factor.

10. How long does a DUI stay on my record in Virginia?

    A DUI conviction in Virginia remains on your criminal record permanently and cannot be expunged. It will also appear on your driving record for 10 to 11 years, depending on the specific offense, affecting your insurance rates and future driving privileges.

11. What is the difference between General District Court and Circuit Court for DUI?

    Most initial DUI charges are heard in the Virginia General District Court. If convicted there, you have an automatic right to appeal to the Virginia Circuit Court for a “trial de novo” (a new trial from scratch), which often includes a jury trial option.

12. Can I fight a DUI charge if my BAC was over 0.08%?

    Yes, even if your BAC was above the legal limit, a knowledgeable attorney can challenge the validity of the breath or blood test, the calibration of the machine, the officer’s procedures, or the legality of the traffic stop and arrest. A high BAC does not automatically equate to a conviction.

13. What is the approximate cost of a DUI in Virginia, including fines, fees, and insurance?

    A DUI in Virginia can be extremely expensive. Beyond fines (minimum $250), expect court costs, ASAP fees (hundreds), ignition interlock installation and monthly fees (hundreds to thousands), dramatically increased insurance premiums (thousands over several years), and potential lost wages or attorney fees. The total cost can easily run into the tens of thousands of dollars.

14. What if I was sleeping in my car after drinking? Can I still get a DUI?

    Potentially, yes. Virginia’s DUI law focuses on “operating” a vehicle. Even if the engine is off, if you are in physical control of the vehicle (e.g., in the driver’s seat with keys accessible), you could be charged. The specific facts of your situation, such as whether the car was truly “parked” or just pulled over, are critical.

15. How important is video evidence (dashcam/bodycam) in a Virginia DUI case?

    Video evidence is incredibly important. It can corroborate or contradict officer testimony regarding driving behavior, FST performance, and interactions. We always seek to obtain and thoroughly review all available video footage, as it can be a powerful tool for defense.