Are DUI checkpoints legal in Virginia?
Police do periodically set up checkpoints in Virginia. However, several laws and procedures must be followed to the T in order for these roadblocks to be legal. Some of these laws and procedures include:The location and timePolice cannot stop every car but must follow a pre-determined, mathematical checkpoint (for example, every fourth or fifth car)The officer cannot ask you to step out of your car or take any tests unless you display signs of impairment (smell of alcohol, slurred speech, erratic driving, blood shot eyes, etc.) If you were charged with DUI at a checkpoint, Curcione Law can make sure that the roadblock was set up legally and that officers followed the right protocol. If any shortcuts were made and police violated your rights, your charge could be dismissed or reduced.
What is the first thing I should do after being arrested for DUI?
The most important thing is to remain silent. You do not have to answer any police questions before securing the representation of a DUI lawyer. You do not want to incriminate yourself and jeopardize your case! After you secure legal defense, you should inform your attorney how you were first pulled over. If police did not have probable cause to pull you over, your case can be dismissed. You will also want to inform your attorney about what tests you took. Don't forget to tell your lawyer about any conditions that could have led to your arrest, i.e., you were sleep deprived, you have a health condition that caused you to perform poorly on your field sobriety test, etc. Make sure you inform your lawyer whether this is your first DUI offense or subsequent one as this will impact the defense he/she uses. For more information on why hiring a DUI lawyer is important and what qualities you should look for in an attorney, see below.
What constitutes a drunk driving charge in Virginia?
If your blood alcohol is 0.08% or higher and you were caught behind the wheel, you can be charged for driving under the influence. Because Virginia is not a per se state, a defendant with a blood alcohol test reading of 0.08% or above can present evidence that he/she was not intoxicated, despite the test results.