It may shock you to find out that you don't even have to be drunk to be pulled over on suspicion of a Virginia DUI. Police usually pull drivers over for small or subjective infractions like weaving between lanes or forgetting to use a turn signal. They'll use these minor errors as an excuse to stop you.

Unfortunately, when the officer does pull you over, they may already suspect you are driving under the influence, even if you are not. The officer may then administer field sobriety tests, which are inaccurate and easily misread. If you fail the tests (and many people fail them while sober), you may be required to go to the station to take a blood and/or breath tests.

Blood and Breath Tests in Virginia DUI Cases

Virginia operates under an implied consent law. This means that by the mere act of driving, you consent to taking blood and/or breath tests should a police officer request it. Refusing to take these tests will likely result in more criminal charges (separate from your Virginia DUI charge) being filed against you.

You can refuse a roadside breath test. However, you are obliged to take the BAC tests that take place in a police station.

Handling Blood and Breath Tests in the Station

You might be feeling pretty anxious about going to the police station for tests, even if you are sober. Ultimately, you just need to comply with the police officer's requests and keep mental notes of everything going on around you, as this information may be crucial to getting your Virginia DUI charges dismissed.

The good news is that a capable Virginia DUI defense lawyer may be able to use these tests to help you. If a DUI attorney is able to cast doubt on the reliability of the results, or on the conduct of the test administrators, it may be of great help in your case.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise!

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