The first breath test is known as the preliminary breath test or PBT. That test is not to be used against you in court unless you or your attorney argue the officer did not have enough facts to arrest you for DUI / DWI. That test is completely voluntary without any...
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Year: 2024
The Virginia DUI Defense Question And Answer Series: Do I have to take the handheld breathalyzer?
The first breath test is known as the preliminary breath test or PBT. That test is not to be used against you in court unless you or your attorney argue the officer did not have enough facts to arrest you for DUI / DWI. That test is completely voluntary without any...
The Virginia DUI Defense Question And Answer Series: Do I Have A Choice Between Breath Or Blood Test?
In Virginia, you do not have the option to choose between the breath or blood test when you have been arrested for DUI / DWI. The choice is left to the officer based on the availability of the breath test, potential drug impairment, and/ or a physical inability to...
The Virginia DUI Defense Question And Answer Series: Can I take VASAP before my court date?
Absolutely, you can pre-enroll in ASAP prior to your court date. It is not an admission of guilt and will not be used against you. In fact, as of July 1, 2025, if you pre-enroll, you can also petition the court to allow you to have ignition interlock installed in your...
Virginia DUI Defense Question and Answer Series: Do I Have To Take Field Sobriety Tests?
In Virginia, the Standardized Field Sobriety Tests are completely voluntary. However, the Virginia Supreme Court has said a refusal to perform them can give the officer probable cause to make an arrest for DUI / DWI if coupled with other evidence of impairment such as...
The Virginia DUI Defense Question And Answer Series: Do I Have To Answer Questions?
In Virginia, the only requirement is that you exit the vehicle when ordered to do so and identify yourself. There are no other obligations for a defendant to answer questions or offer up other information to law enforcement. https://www.youtube.com/shorts/g0YVkUeWBz0
Understanding drugged driving offenses in Virginia
A driving under the influence (DUI) charge doesn't just cover alcohol. In Virginia, driving while high on drugs, including marijuana, can also land you in serious trouble for impaired driving. Let’s break down what you need to know about drugged driving, especially...
Challenging a breath test: 3 reasons for inaccurate results
Police often use breath tests to quickly check if a driver has been drinking. These tests help to figure out if someone was driving under the influence (DUI). However, the results from these tests aren't always perfect, and you can challenge these results if the...
Can you say “no” to breath tests or field sobriety tests in Virginia?
Driving under the influence (DUI) is a serious crime in Virginia, and police officers are always on the lookout to catch and charge those suspected of DUI. If police stop you because they think you might be driving under the influence, they will likely ask you to take...
Navigating field sobriety tests in Virginia
Have you ever been pulled over and suspected of driving under the influence (DUI)? If so, you might be familiar with field sobriety tests (FSTs). These roadside evaluations are used by law enforcement to gauge a driver's possible intoxication. How much weight do they...
