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...
Your Go-To Attorney For DUI And Criminal Defense
Firm News
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
Carry-Out Wine, Beer, And Booze And Open Containers.
Carry-out wine, beer, and booze! Virginia’s temporary authorization for takeout mixed drinks can lead to trouble with the law if you aren’t careful with that “open container.”
Welcome To My Blog
I established this blog to share stories and information about topics relevant to my practice. My intent is to regularly provide posts highlighting legal issues of local, state and national interest that I think you will find interesting. Check back later for...
