Your DUI Questions Answered
I am Robert T. Dearborn, a DUI defense attorney in Fairfax, Virgina. I have tried more than 5,000 DUI and traffic violation cases in Virginia, and I am here to protect your rights and answer your questions.
Following are some of the most frequently asked questions about DUI cases:
How Does Blood Alcohol Concentration Play Into A DUI Case?
Blood alcohol content (BAC) is the measure of alcohol in the bloodstream. When a person’s BAC is .08 or higher, he or she is presumed to be under the influence of alcohol. Courts rely upon BAC as evidence in DUI cases. A reading of .15 or higher signals an extreme level of intoxication and leads to a more severe charge carrying a mandatory jail sentence.
Can I Refuse The Breathalyzer Test?
You can, but not without serious legal consequences. Under Virginia implied consent laws, anyone who drives is presumed to have consented to alcohol testing. Refusal results in mandatory loss of your driver’s license for one year. Depending upon the circumstances, it may be possible to have a refusal charge reduced to a simple DUI. An experienced drunk driving defense lawyer can help you explore your options.
Can I Get My Charges Dismissed?
Like every criminal case, the answer is: It depends. Circumstances that may allow for a dismissal of charges include:
- The police did not have a valid reason to pull you over.
- The Breathalyzer machine was not properly calibrated.
- The field sobriety test was unfair due to a disability or other physical limitation.
No attorney can promise results, but an experienced DUI defense lawyer will explore every possible opportunity for helping you put this charge behind you.