Skip to main content

Can You Refuse Field Sobriety Tests in Virginia?

Written by Emma.S on . Posted in Breath and Blood Tests, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Federal DUI, Felony DUI, Repeat DUI, Underage DUI.

What Are Field Sobriety Tests?

Field sobriety tests (FSTs) are a series of tests used by police to check whether a driver may be impaired by alcohol or drugs, often during a traffic stop or DUI investigation. Examples of FSTs include:

These tests are intended to help an officer determine whether there is probable cause to arrest you for DUI. They are not the same as post-arrest chemical testing, such as a breath or blood test, which is used to measure your actual blood alcohol concentration (BAC).

Are You Required to Perform Field Sobriety Tests?

No, you are not required to perform field sobriety tests in Virginia. There is no implied consent law for field sobriety tests, unlike post-arrest chemical testing (breath or blood). This means you are not legally required to submit to these tests, and there is no statutory penalty for politely refusing to perform them.

Are Field Sobriety Tests and Breath or Blood Tests?

No, field sobriety tests are not the same as breath or blood tests. Field sobriety tests are a set of voluntary, physical and mental tests used by police during a traffic stop to gauge impairment. They are often used to help an officer establish probable cause for a DUI arrest, while breath or blood tests are conducted after an arrest to measure a driver’s actual blood alcohol concentration (BAC).

Breath and blood tests are governed by Virginia’s implied consent law, which applies after a DUI arrest. Implied consent means that by driving on Virginia roads, drivers agree to submit to post-arrest chemical testing to measure blood alcohol concentration (BAC), and refusing those tests can result in separate legal penalties.

What Happens If You Decline Field Sobriety Tests?

If you decline a field sobriety test during a traffic stop, you will not receive a separate charge, fine or automatic penalty. However, an officer may consider your refusal along with other signs of impairment, such as slurred speech or blood shot eyes, when deciding whether to arrest you for DUI. A prosecutor may also mention your refusal in court as part of the overall case, but it cannot be used by itself to prove guilt.

What to Do If Asked to Take Field Sobriety Tests

If you are asked to preform FSTs and would like to decline, keep these tips in mind:

  • Be calm and polite: Treat the officer respectfully to avoid escalating the situation.
  • Clearly state your refusal: You can simply say that you choose not to participate in the tests.
  • Avoid volunteering extra information: Stick to brief, factual responses and don’t offer explanations or excuses.
  • Stay aware of your surroundings: Ensure you are standing safely and remain cooperative without performing the tests.

What to Do If Charged with a DUI in Virgina

If you are charged with a DUI in Virginia, taking the right steps immediately can help protect your rights and your future:

  • Contact an experienced DUI attorney: An experienced traffic attorney at Driving Defense Law can explain your options, review the evidence, and represent you in court.
  • Gather relevant information: Collect police reports, witness statements, and any evidence from the stop or arrest.
  • Understand your court dates and deadlines: Missing important filings or hearings can hurt your defense.
  • Follow legal advice carefully: Your attorney can guide you regarding chemical tests, plea options, or possible defenses.

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

Why a DUI Lawyer Matters in Virginia

Written by Emma.S on . Posted in DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Federal DUI, Felony DUI, Repeat DUI, Underage DUI.

Hiring a DUI attorney in Virginia can make a critical difference in your case, helping to protect your rights and improve your chances of a favorable outcome. If you’ve been charged with a DUI in Virginia, you could be facing serious consequences such as hefty fines, license suspension, increased insurance rates, and even jail time. Here are a few reasons why skilled legal representation essential from the start.

A DUI Attorney Understands Virginia DUI Laws

Virginia’s DUI laws are strict, and penalties can vary based on your blood alcohol content (BAC), prior offenses, and whether there were aggravating factors like speeding or an accident. An experienced Virginia DUI lawyer understands the nuances of these laws and can use them to your advantage.

Your Attorney Will Review the Traffic Stop and Arrest

Not all traffic stops are legal. If the police lacked reasonable suspicion or probable cause, the stop or arrest may have been unlawful. An attorney will review discovery, such as body cam footage, and police reports to identify violations of your rights.

Your Attorney Can Challenge the Accuracy of Breath or Blood Tests

Breathalyzers and blood tests must be administered correctly and calibrated regularly. Your lawyer can challenge test results if:

  • The device was not properly maintained
  • The officer lacked certification
  • Chain of custody was broken during blood sample collection

If it is found that any results are inaccurate due to improper processes, an attorney can fight to get your charges reduced or dismissed.

A DUI conviction can impact your job, increase your insurance rates, and limit future opportunities. The experienced DUI attorneys at Driving Defense Law understand what is at stake and are committed to protecting your rights, guiding you through every step of the legal process, and fighting for the best possible outcome in your case. Call us today at 757-929-0335 or schedule your free consultation below:

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

How to Fight a DUI in Virginia

Written by Emma.S on . Posted in DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Federal DUI, Felony DUI, Repeat DUI, Underage DUI.

What Is a DUI in Virginia?

A DUI (Driving Under the Influence) in Virginia occurs when a driver operates a vehicle while impaired by alcohol or drugs. Being charged with a DUI can lead to fines, license suspension, and even jail time. However, a charge is not the same as a conviction, and there are legal defenses available that can protect your rights and future.

What Are Common DUI Defenses in Virginia?

1. Invalid Traffic Stop 

A law enforcement officer must have reasonable suspicion of a criminal offense or a traffic violation, such as speeding, running a red light, or swerving to conduct a stop. A stop is considered invalid if the officer has no specific, observed reason for pulling the driver over. Invalid stops may be deemed unconstitutional, and any DUI evidence collected afterward can be suppressed in court.

2. No Probable Cause

 Even after a valid traffic stop, an officer must have probable cause to arrest someone for DUI. This means there must be clear evidence of impairment, such as slurred speech, the smell of alcohol, open containers, or failed field sobriety tests. If an arrest is made without probable cause, any evidence collected afterward can be suppressed in court, potentially leading to reduced or dismissed charges.

3. Issues with Breath or Blood Tests

Chemical tests must follow strict procedures to be valid. Errors such as an improperly calibrated breathalyzer, an uncertified officer, or mishandled blood samples can make results unreliable. Challenging the accuracy or reliability of these tests can weaken the prosecution’s case, potentially leading to reduced or dismissed DUI charges.

Why You Need an Experienced DUI Defense Attorney in Virginia

Every DUI case is different, and defending against a conviction requires experience, strategy, and up-to-date legal knowledge. At Driving Defense Law, our attorneys combine advanced DUI training with a deep understanding of Virginia law to build the strongest possible defense. Call us today at 757-929-0335 or schedule a consultation here and begin planning your defense to save your future.  

Quick Consult

Your Name(Required)
In which city or county did you receive your ticket?(Required)
Please note that we are only accepting cases in the above jurisdictions at this time.
EX: Reckless driving, DUI/DWI, eluding, hit and run, simple speeding, etc.

By providing your phone number, you agree to receive SMS updates, reminders, and important notifications from McCormick Law, PC d/b/a Driving Defense Law. Standard messaging rates may apply. You can opt out at any time by replying “STOP” to any message. View our Privacy Policy.

Opt In

Disclaimer: No attorney-client relationship exists or should be assumed as a result of this communication. By submitting this form, you are opting into our mailing list (your information will not be shared with anyone else).

Disclaimer

Learn why you should contest a traffic ticket. Click here to learn more.

Why You Should Contest A Traffic Ticket

Written by john on . Posted in Driving on a Suspended License, DUI, DUI and Drugs, DUI for CDL Drivers, DUI for Military Members, Eluding, Federal DUI, Felony DUI, Hit and Run, Open Container, Reckless Driving, Repeat DUI, Speeding, Traffic Infractions, Underage DUI.

Seeing those flashing lights behind you can be a scary experience. You might try to talk your way out of it but still wind up with a ticket. While the easy solution may be to simply pay the fine, this decision can have long-lasting consequences. For this reason, you might consider consulting with a traffic defense lawyer about why you should contest a traffic ticket. You can reach a knowledgeable lawyer through Driving Defense Law by calling (757) 929-0335. 

Consequences of Paying a Traffic Ticket

When someone pays a traffic ticket, they are accepting legal responsibility for the offense law enforcement cited them for. The driver is giving up their right to require the prosecution to prove the charges against them. They are also subjecting themselves to the following possible consequences:

Demerit Points 

According to the Virginia Department of Motor Vehicles (DMV), after a driver is convicted of a traffic violation, the DMV populates the conviction into their driving record. The DMV also assigns demerit points according to a scale calibrated to account for the severity of various traffic infractions. 

The DMV assigns three points for various offenses, including the following:

  • Speeding 1 to 9 mph above the speed limit as posted
  • Impeding traffic 
  • Improper passing
  • Improper driving
  • Stopping on a highway
  • Changing course after signaling 
  • Driving through a safety zone
  • Driving over a fire hose
  • Driving on a sidewalk 
  • Evading a traffic control device
  • Driving without lights
  • Making an improper turn
  • Driving in violation of a restricted license 
  • Failing to stop at the scene of a crash with an unattended vehicle

The DMV assesses four demerit points for such violations as:

  • Reckless driving – failing to stop before entering a highway
  • Speeding 10-19 mph above the speed limit 
  • Failing to stop for a pedestrian 
  • Failing to yield the right-of-way
  • Following too closely
  • Failing to obey railroad crossing signals
  • Operating a motor vehicle while on a suspended driver’s license with a blood alcohol content of 0.02% or more

The most serious traffic offenses result in six demerit points assessed by the DMV. These offenses include violations such as:

  • Reckless driving – speeding in excess of 85 mph
  • Speeding 20 mph or more above the speed limit
  • Driving while intoxicated
  • Driving under the influence of drugs
  • Involuntary manslaughter
  • Driving after being declared a habitual offender 
  • Driving on a suspended license 
  • Failing to stop at the scene of a crash resulting in injury
  • Attempting to elude police

License Suspension 

If drivers accumulate a certain number of demerit points within a specified time period, their license can be suspended. This can occur if drivers accumulate 18 points within 12 months or 24 points within 24 months. 

Before a driver’s license is suspended, they can try to challenge the basis for one or more of the tickets at a traffic hearing. An experienced lawyer from Driving Defense Law can evaluate the circumstances, explain your legal options, and make recommendations about how to prevent license suspensions. They can also represent you at the hearing. 

Jail Time and Fines

Some traffic offenses, like reckless driving, rise to the criminal level. A conviction could result in possible jail time. 

Depending on the offense, a single traffic offense can also result in fines of hundreds of dollars. These fines may prove difficult to pay if the individual is not making money because they are in jail or have lost their job due to jail time. 

Higher Insurance Premiums

The DMV may sometimes directly notify a driver’s insurance company of the conviction. Even if that does not occur, the insurance company can run periodic checks on any driving record associated with the policy. This review can result in the insurance company requiring a much higher premium at the policy’s next renewal date. For many people, these higher insurance premiums far outweigh the costs of hiring a traffic defense lawyer to contest a traffic ticket. 

Options for Dealing With Traffic Tickets 

If a driver has recently received a ticket for a driving infraction in Virginia, they may have some options, including disputing a ticket. Drivers should carefully consider each option and the potential consequences before making a decision. 

Pay the Ticket

Drivers can generally use the Virginia Courts website to pay tickets, but they should keep in mind there are consequences to paying the ticket. Drivers will be assigned demerit points on their license. Depending on how many demerit points the driver already has, they may face license suspension.

Contest the Ticket 

If a driver believes they were ticketed in error or has a viable defense, they have the option to contest the ticket instead of paying the fine. Contesting the ticket may not always result in having to go to court. If a driver opts to hire a lawyer, the lawyer may be able to negotiate an agreement with the prosecutor to reduce the charge or to dismiss the case, depending on the circumstances. 

Request Alternative Sentencing

Depending on where the driver received the ticket and the law enforcement agency that ticketed them, there may be alternative sentencing options. These options often allow a person to take a class to reduce their charge, lower the potential demerit points added to their driving record, or avoid a conviction. 

Possible Defenses Against Traffic Offenses

There may be various defenses against a traffic offense if a driver wants to dispute a traffic ticket. These defenses will depend on the facts and circumstances surrounding the case. Some examples of defenses drivers could raise may include:

  • They had to commit the driving error to avoid an accident. 
  • There was an emergency. 
  • The law enforcement officer’s equipment was not properly calibrated and cannot be used to prove the charges against the driver. 
  • The law enforcement officer failed to show up to court to testify about what they saw that prompted them to issue the ticket. 

Experienced traffic defense lawyers may be able to review a driver’s case and help the driver determine the potential defenses that could apply to their case. 

Traffic Ticket Process in Virginia

Traffic tickets typically list a court date and location in case the driver decides to contest it. Traffic cases are held in the General District Court, whose listing is provided by Virginia’s Judicial System, in the county where the ticket was issued. Most traffic cases that are heard in District Court do not have a jury and are heard by a judge who makes the final decision. Some courts separate traffic court from criminal court, while others mix the two. 

Traffic Court Dockets

Cases are usually listed on a docket, which will state which courtroom the case will be held in. Most traffic cases are heard in the same room as all the other traffic cases to be handled that day. Cases are listed on the court’s docket, which is a log of all the cases that will be heard that day. The docket will tell drivers which courtroom traffic cases are being heard in, and most traffic cases are heard in the same room as all other traffic cases on the same docket. 

Entering a Plea and Examining Witnesses in Traffic Court

When your case is being heard, the judge may first ask whether you wish to plead guilty or not guilty to the offense. Then, the judge may ask you questions about the event. If the officer who stopped you is present, they may testify about why they ticketed you. If you have a lawyer, they will have a chance to cross-examine the officer and any other witnesses who are called in the case. 

Reach Out for Help From an Experienced Traffic Defense Lawyer

Misdemeanor traffic offenses do not carry penalties as stiff as criminal charges, but they can still involve serious consequences. If you would like to contest a traffic ticket in Virginia Beach, Suffolk, Chesapeake or the surrounding areas, consider contacting a skilled traffic defense lawyer with Driving Defense Law for help. Call or text (757) 929-0335 today.