Police officers typically only pull people over when they suspect certain traffic violations. Suspicions of chemical intoxication are a common reason to conduct traffic stops. During a traffic stop, police officers may issue a citation or may attempt to gather...
DUI
What role can a PAS device have in a drunk driving case?
A preliminary alcohol screening (PAS) device is a tool used by law enforcement officers during drunk driving investigations. This portable breath test device allows officers to conduct a quick field assessment of a driver's blood alcohol concentration (BAC). Unlike...
How Virginia penalizes DUI offenses
People often think that because it is a victimless crime that DUI charges won't lead to major penalties in most cases. It is quite common for people to plead guilty to DUI charges, sometimes without even learning the penalties they face beforehand. Pleading guilty to...
Does your BAC go up faster with different types of alcohol?
You know well that you don’t want to be driving with a blood alcohol concentration (BAC), that is over 0.08%. That is the legal limit for the majority of drivers in Virginia. There are lower limits for drivers who are under 21 years old or for commercial drivers, but...
Do field sobriety tests work?
One of the most common things that police officers do to determine if someone is impaired is to put them through field sobriety tests. One of the advantages of using these tests is that they can show impairment based on other substances. For instance, someone who has...
What happens if you refuse a breath test during a traffic stop?
During a traffic stop with a driver the police suspect has had too much to drink, officers will usually take three steps to validate their suspicions. First, they will ask the driver questions about their conduct earlier in the day. Next, they may ask the driver to...
Do you need expert witnesses for your DUI case?
If prosecutors have charged you with driving under the influence of alcohol, you may worry about the many potentially serious consequences you may face upon conviction. After all, in Virginia, first-time DUI penalties range from license suspension to incarceration. ...
3 reasons not to trust a DUI breath test
If an officer suspects you may be driving with a blood alcohol concentration over Virginia’s 0.08% limit, he or she may ask you to take a breath test. Refusing to take the test may subject you to a variety of consequences, including the possible suspension of your...
The factors that influence DUI sentence enhancement
A DUI sentence enhancement can increase the already stiff penalties for a DUI conviction. All 50 states, including Virginia, have DUI laws with provisions that allow for additional punishment through enhanced sentencing. These DUI sentence enhancements may include...
Refusing a Breathalyzer could result in negative consequences
If an officer asks you to submit to a Breathalyzer test during a traffic stop, you have the right to decline that request. However, because of implied consent laws in Virginia and most other states, you could have your license suspended for doing so. Furthermore,...