If you have been stopped by a Virginia police officer who suspects you of driving under the influence, you're only being examined because the officer has a "reasonable suspicion" that you've been drinking. As with any traffic stop, the officer only has the right to request:
- your drivers' license,
- vehicle registration, and
- for you to exit the vehicle.
You do not have to submit to a search of your car, a field sobriety test, a breathalyzer analysis, or answer any questions.
The best answer to all requests and questions asked of you during the DUI stop is "I would like to have my attorney present." It is your legal right, as mentioned in the standard Miranda advisory, that you are allowed to have an attorney present before answering any questions or submitting to any type of examination.
The less you say during the Virginia DUI traffic stop, the better. If you refuse to answer the officer's questions without legal counsel, you improve your chances of escaping further incrimination.
Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use the police officer's 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.
