• Which jurisdiction was the arrest in?
• Did they perform a breath test at the station or a blood draw?
• Were there any other charges, such as underage possession of alcohol?

Contact an attorney immediately

Understand the "threefold" consequences

• Legal: Potential jail time, heavy fines, and a mandatory one-year license suspension.
• Academic: Most Virginia colleges have a code of conduct. An arrest can trigger a university disciplinary hearing, leading to suspension or loss of scholarships.
• Emotional: The stress and shame can impact a student's mental health and academic performance.

• Respect the 7-day suspension: In Virginia, an arrest usually triggers an immediate 7-day administrative license suspension. Do not let them drive during this window. Getting caught driving on an ALS suspension will result in a separate, mandatory jail sentence.
• Understand "zero tolerance": If your student is under 21, Virginia’s "zero Tolerance" law means they can be convicted with a BAC of just .02%.
• Prepare for court: Attend all hearings. Showing a united family front and demonstrating that the student is taking the matter seriously (by attending alcohol education classes voluntarily, for example) can sometimes influence a prosecutor’s perspective.
• Voluntary remediation: Your attorney may suggest enrolling in the Virginia Alcohol Safety Action Program (VASAP) or a private alcohol education class before the first court date. This "proactive defense" shows the prosecutor that the student is taking full responsibility, which can be a key factor in negotiating a reduction of charges.

Common Field Sobriety Tests and Weather Challenges

Walk-and-Turn Test

The walk-and-turn test requires a person to take nine heel-to-toe steps in a straight line, turn, and return the same way. However, uneven or slippery surfaces due to rain or snow can make maintaining balance nearly impossible, even for a sober individual. A sudden gust of wind can also cause someone to stumble, potentially giving the appearance of impairment.

One-Leg Stand Test

The one-leg stand test involves balancing on one foot while counting aloud. Extreme heat can cause dehydration or discomfort, weakening a person’s ability to focus and balance. Similarly, icy or slick pavement poses a major risk for slipping, while wind can destabilize someone attempting to hold the position.

Horizontal Gaze Nystagmus (HGN) Test

The HGN test checks for involuntary jerking of the eyes. Bright sunlight or strong wind can cause squinting or eye irritation, which could mimic the signs of impairment. This could lead to inaccurate interpretations by the officer administering the test.

How This Can Affect You

When weather conditions compromise the accuracy of field sobriety tests, it creates room for doubt about their reliability. For example, under Virginia law, you are not obligated to take field sobriety tests, as they are voluntary. If you did take these tests in adverse conditions, it’s possible they did not accurately reflect your level of sobriety.

Protect Your Rights

If you were issued a DUI based on field sobriety tests conducted in poor weather, an experienced attorney can challenge the validity of the results. At [nap_names id="FIRM-NAME-1"], we understand the complexity of these situations and can help build a strong defense for your case.

Feel free to reach out for a consultation by contacting us online or calling us directly at [nap_phone id="LOCAL-CT-NUMBER-1"]. Don’t face this alone, call today to begin protecting your rights!