The police have no surefire way of knowing whether or not someone is committing a Virginia DUI. As such, they do the next best thing and look for signs of drunkenness, like erratic steering or slow speeds.
Unfortunately, it's easy for sober people to make these driving mistakes as well, meaning that you can get pulled over on suspicion for DUI in Virginia, even when you haven't been drinking.
You probably know about the various field sobriety tests that an officer might ask you to undertake. You are not legally required to undergo these roadside tests. However, the officer may have decided they have enough probable cause to arrest you anyway and take you back to the station to take blood and/or breath tests that measure blood alcohol level.
These BAC tests cannot be refused. If you do not comply with the officer, you will be facing criminal charges separate from your DUI charge. The penalties include fines, license suspension and even jail time. Because these are separate offenses, you will be punished for your refusal even if you are found to be innocent in your Virginia DUI charge.
Our article library has even more information about BAC tests in Virginia DUI cases.
Though the BAC tests may seem unpleasant, it is in your best interest to cooperate with the officer. Remember, these tests are not immune from error, and a Virginia DUI defense lawyer may still be able to win your case.
In the face of this tremendously stacked deck, you get to pick one person to be on your side - your lawyer. This decision of who will be your lawyer will be one of the most important decisions you make in your life. Bob Battle relishes and thrives in his role of "going to battle" for the legal underdog.
To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.
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