At Krum, Gergely & Oates, we know that just because someone is charged doesn’t mean the Commonwealth can prove their case. In a recent DWI 1st offense case in Loudoun County, Virginia, the prosecution ultimately had no choice but to dismiss the charges when they realized they lacked the evidence needed for a conviction. Here’s how we exposed the weaknesses in their case and won for our client.
The Case: A DWI Charge with No Evidence
Our client was involved in a single-vehicle accident. However, there were no witnesses to the crash. His Apple Watch detected the accident and automatically called 911. Before law enforcement even arrived at the scene:
- EMS arrived first and extracted our client from the vehicle
- He was immediately transported to the hospital for medical treatment
- Police never had the opportunity to interview him, conduct field sobriety tests, or administer a breath test
With no observations of impairment, no chemical testing, and no direct evidence of operation, we knew the Commonwealth would struggle to prove its case beyond a reasonable doubt.
The Commonwealth Tries—And Fails—To Build a Case
Initially, the prosecution realized the lack of evidence and requested a continuance to try and subpoena our client’s hospital records in an attempt to establish a blood alcohol level. We knew this was their only hope of salvaging the case. However, after obtaining the records, the Commonwealth ran into a major problem:
The only records they received were EMS records—which do not contain blood alcohol levels.
With no BAC results, no field sobriety tests, and no witness testimony, the prosecution was left with nothing.
The Result: Case Dismissed
Recognizing that they had no way to meet their burden of proof, the Commonwealth was forced to drop the case entirely.
- No conviction
- No license suspension
- No fines or penalties
- No DWI on our client’s record
Why This Win Matters
This case is a perfect example of why every DWI charge should be challenged. Many people assume that if they’re charged, they’re guilty, but the reality is:
- The Commonwealth Must Prove Its Case – The prosecution bears the burden of proving guilt beyond a reasonable doubt. If they don’t have credible evidence of intoxication and operation, they don’t have a case.
- An Experienced Attorney Knows How to Expose Weaknesses – Without a skilled defense, the Commonwealth might have pushed forward with weak evidence in the hopes of securing a conviction. Our firm held them accountable and forced them to dismiss.
Facing a DWI in Loudoun County? Let’s Fight Back.
If you or a loved one has been charged with DWI in Virginia, don’t assume it’s an automatic conviction. The prosecution must prove every element of its case, and when they can’t, an experienced defense attorney can push for a dismissal or reduction of charges.
At Krum, Gergely & Oates, we fight aggressively for our clients, exposing weaknesses in the prosecution’s case and delivering real results.
