LEGAL INSIGHTS & GUIDANCE

In Shenandoah County, Virginia, a DUI charge can be dismissed under certain circumstances. Dismissal is not automatic, but where the evidence supporting the charge is legally insufficient—such as when the traffic stop lacked reasonable suspicion or the breath test was improperly administered—the court may grant a motion to suppress, leaving the Commonwealth unable to prove its case. The result can be a complete dismissal, entry of a nolle prosequi, or amendment to a non-criminal traffic infraction.