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Should I cooperate with police if they try to arrest me for a DUI?

Being stopped by the police can be an intimidating and somewhat frightening experience, especially when you've been accused of driving under the influence. Cooperating with the officer is in your best interest, but keep in mind that you are not required to submit to a breathalyzer or field sobriety tests if you haven't been arrested.

How to Handle Being Stopped for Suspicion of a DUI

If an officer pulls you over, keep in mind the following tips:

  • Be polite and respectful. Remember that the officer is only doing his or her job.
  • Don't apologize, admit wrongdoing, or make excuses for your behavior.
  • Provide your driver's license and insurance information when requested.
  • Never, under any circumstances, try to physically resist arrest.

You are not legally required to agree to submit to field sobriety testing, but the officer may weigh your refusal to do so when determining if there is probable cause for arrest. If you opt to take a field sobriety test, be sure to inform the officer of any medical conditions you have that may affect the results. For example, a bad knee or an inner ear infection would likely affect your ability to balance on one leg.

You do not need to take a preliminary breath test before you've been arrested. This test is often asked for as part of field sobriety testing, but refusing to submit to the test can't be used against you as evidence in court.

Virginia's Implied Consent Law

Virginia's implied consent law requires you to submit to a blood test or breath test only if you've been arrested for a DUI because the officer has probable cause to believe you've been drinking or are under the influence of illegal drugs. This test must be completed within three hours of the time you were arrested. Refusing to take the test results in a one-year suspension of your driver's license for the first offense.

Retaining Legal Representation

A DUI charge requires an aggressive defense from an experienced attorney. Call today to schedule a free, no-obligation initial case review with Virginia DUI attorney T. Kevin Wilson.

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