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Refusing Field Sobriety Tests can Strengthen your Virginia DUI Defense

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It might surprise you to learn that the field sobriety tests given to Virginia DUI suspects are actually far from reliable. These tests are not scientifically designed and are often flawed. Studies show that sober people can still fail these tests. Not only that, but the police officer administering the test may make mistakes that could result in a DUI arrest.

One thing you should know is that you are not legally required to take field sobriety tests in Virginia
. While a police officer will probably not mention that you have the option to decline, refusal is within your legal rights.

It is unlikely that consenting to field sobriety tests will help your Virginia DUI defense. Always bear in mind that, in all likelihood, the officer has decided you were guilty the moment he or she pulled you over. Whatever you do during these tests may be viewed in the worst possible light, making you appear drunk even if you were sober.

However, you should not confuse these tests with the blood and breath tests, which are mandatory. You can suffer legal penalties for refusing to take blood or breath tests at the police station, so be sure to comply with the officer if he or she requests these. Otherwise you'll have more than just a Virginia DUI defense to worry about.

You can learn more about field sobriety tests at our article library. 

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. 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.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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