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Field Sobriety and Breath Tests — What You Need to Know

If you are pulled over for suspicion of DUI, the officer may require you to take a series of tests designed to determine whether you are intoxicated or under the influence of an illegal substance.

When these tests are conducted by a police officer on the side of the road or otherwise in the field, they are referred to as field sobriety tests. A field sobriety test can be refused without penalty, as there is no implied consent.

The standard breath test is conducted either at the police station or at Prince William County Jail. This test will require you to blow into a Breathalyzer® that will then analyze your breath to determine its blood alcohol content. If you were driving on a public road, unreasonably refusing to take a breath test will result in a 12-month license suspension. If you were driving on a private road, however, your consent to testing is not implied, and you may refuse to take the test.

These tests — and your ability to pass or not pass them — will form the basis of a DUI charge in Gainesville or Woodbridge.

Woodbridge, VA drunk driving lawyers for drunk driving cases

If you have been accused of driving under the influence in Woodbridge or Gainesville, VA, our DUI law firm will help you protect your privilege to drive. If you did not pass a field sobriety test, we will cross-examine the officer who conducted the test to determine whether it was properly administered. If your failure of the test is deemed to be the result of poor instructions — or some other aspect of conduct on the part of the officer — our Woodbridge, VA DUI lawyers may be able to reduce or eliminate your DUI charge.

Gainesville, VA DUI law firm

The DUI attorneys at The Daugherty Law Firm are highly experienced in undoing the results of breath tests. Because the breath test is conducted with your implied consent, an officer must read you warnings relating to the test itself, prior to your taking it. You must be warned that unreasonably refusing to take the test can result in a license suspension of up to 12 months. Our Manassas drunk driving attorneys have argued cases where a refusal was declared reasonable.

When your future is at stake, we will fight for you

When things important to your future are at stake, the Prince William County DUI lawyers at The Daugherty Law Firm give you straight talk and straight answers. They help you explore all of your options and develop a plan of action that meets your individual goals.

Click here to contact The Daugherty Law Firm online and discuss your legal needs, or call our office at 703-659-2437 to speak with our experienced Gainesville and Woodbridge, VA drunk driving attorneys.

We offer reasonable fixed fee arrangements and accept major credit cards.