Traffic violations are serious in Virginia. If you have been stopped and ticked, you must take the matter seriously. Virginia state police are some of the most vigilant and effective officers in the country. When you get on the highway in Virginia, you should assume that you are being monitored. Your chances of being stopped if you are speeding is high. Virginia police are especially watchful of DUI suspects.
If you have been stopped for a DUI, you should cooperate with the officer. You do not have to take a breathalyser. However, refusing to do so does have consequences.
The Fourth Amendment to the United States Constitution protects citizens against unreasonable search and seizure. The Virginia constitution uses the exact language as the federal Constitution regarding this protection.
Although Virginia law enforcement is charged with protecting the public and maintaining safety on the road, they cannot do this in any old fashion. Police can stop any vehicle that they suspect has been involved in a crime or in which a crime is being committed—if and only if they have probable cause. Police have probable cause when they have reasonable suspicion that a crime is being committed. If the police who pulled you over and asked you to take a breathalyzer had a good reason to suspect that you were driving under the influence of alcohol, then their actions are perfectly legal.
Indeed, every Virginia driver gives implied consent to a DUI test—either a breathalyzer or blood test—when they receive their driver’s license. If you refuse to take such a test, the police are well within their right to arrest you.
At this point, you will need to hire a traffic lawyer. traffic lawyers specialize in these kinds of cases. Your lawyer will ensure that your constitutional rights are protected. Your refusal to take a police-administered DUI test may stem from what you believe was an unfair or unlawful stop. This can be the basis of a good defense. And you should contact a lawyer who specializes in DUI search and seizure defense.
If you have been arrested on the charge of DUI and you want to fight it, your lawyer will most likely be able to get you out on bail. They will then work with you to prepare your defense. They will want to know the events that led to your being stopped, questioned, and arrested by police. This narrative will be used as a starting point to formulate your defense.
It is important to hire the right traffic lawyer. You want someone who is tough, experienced, and skilled in handling such cases. The lawyer you work with should be honest and transparent. They should always be willing to tell you the state of your case and the likely outcome of the defense they have made. Your life and reputation are on the line. You should know how things are progressing and the best moves to make. You need an attorney who you can have complete trust and faith in.
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