Most driving under the influence (DUI) charges begin as a traffic stop by a police officer. The remainder typically involves accidents in which an officer arrives to the accident scene. In either case, the procedure of the officer is routine. First there will be a variety of questions about your identity, verifying you as the driver, and whether you have been drinking. Secondly, the officer will ?ask? you to perform field sobriety tests (FST) including a preliminary breath test (PBT). If there is an arrest made, you will finally be required to submit to a breath or blood test.
When you are stopped for a traffic matter, you are required to provide your driver?s license and registration. You are not required to answer any other questions unless it pertains to those documents. If you are suspected of driving under the influence, you will be asked to step out of the car. From this point forward, everything the officer asks you to do is for his benefit and not yours. The FSTs that he will ask you to perform help him to establish probable cause to arrest you for DUI. You are not required to perform any of these tests.
You may politely refuse to subject yourself to FST and PBT, but you should be aware that you will more than likely be placed under arrest for DUI at that point. While that may seem unfair, it is more than likely that if you are asked to perform the FST, the officer has already made the decision that you are intoxicated. It is extremely rare that anyone who has been asked to complete the FST ends up not being arrested. Odds are you will only hurt your chances if you take the tests. Why should you give the officer more information to use against you at your DUI trial?
If you are arrested for DUI, you are required under the Virginia Implied Consent Law to submit to a breath test. You do not have the option to ask for a blood test if a breath test is available. The officer may opt to have you take a blood test in some circumstances, and you are then required to submit to that as well. A refusal to give a blood or breath test is a separate charge and is punishable by a loss of your license for at least one year with no possibility of a restricted license.
If you have been charged with a DUI in Virginia Beach, please contact our office immediately to speak with our criminal attorneys. (757) 422-4646. DUI cases are very technical and take time to prepare an adequate defense. It is very important that you contact a DUI lawyer as soon as possible after the charge. We are available 24/7/365 to answer your questions.
Source: http://vabeachcriminallaw.blogspot.com/2012/07/what-happens-if-i-refuse-dui-field.html
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