Why Was I Arrested for DUI in Fairfax?
March 18, 2016 by Jean Humbrecht
Most people arrested for DUI in Fairfax are stopped by police for violating a traffic infraction or erratic driving behavior. During the traffic stop, the police officer might become suspicious that the driver is under the influence of drugs or alcohol. An odor of alcohol, blood shot eyes, or slurred speech might lead the officer to investigate further. If the officer develops probable cause that the driver is under the influence, he will have the driver arrested for DUI in Fairfax under Va. Code §18.2-266.
There are a variety of reasons that the officer may have decided to have the driver arrested for DUI in Fairfax. These include erratic driving behavior, appearance of intoxication, admissions to drinking, performance on field sobriety tests, and breath test results.
- Erratic Driving Behavior: Police officers are trained to look for certain driving behaviors that indicate someone may be under the influence of alcohol. Weaving within a lane, abrupt changes in speed, and making an improper turn, among other actions, indicate to an officer that a driver may be under the influence of alcohol. Evidence of erratic driving behavior can be used against a driver that was arrested for DUI in Fairfax. Click here for more information on driving behavior that can indicate a driver is under the influence of alcohol in Virginia.
- Appearance of Intoxication: If the officer detects an odor of alcohol, slurred speech, or the driver has glassy or blood shot eyes, the officer may suspect the driver of being under the influence of alcohol or drugs.
- Admissions to Drinking: If the driver made any statements about drinking alcohol, this evidence can establish probable cause that the driver was under the influence.
- Field Sobriety Tests: After stopping the driver for erratic driving behavior and noticing that the driver appears intoxicated, the police officer may ask the driver to perform field sobriety tests. Common field sobriety tests used in Fairfax include the walk and turn, one leg stand, and HGN test. Poor performance on these tests can establish probable cause for the officer to have the driver arrested for DUI in Fairfax. For more information on field sobriety tests in Virginia, click here.
- Preliminary Breath Test (PBT): The last test a driver may be asked to take before being arrested for DUI in Fairfax is the Preliminary Breath Test, or PBT. This test is voluntary-drivers DO NOT have to take it. If the blood alcohol reading produced from the test indicates that the driver is under the influence, the driver will be arrested for DUI in Fairfax. The PBT should not be confused with the Breathalyzer Test performed at the police station AFTER the driver is arrested for DUI in Fairfax. The PBT is voluntary, but a Breathalyzer after arrest is mandatory. Unreasonably refusing to take the Breathalyzer Test after arrest can be an additional charge. For more information on Breathalyzer Refusal charges in Virginia, click here. For more information on Preliminary Breath Tests in Virginia, click here. For more information on the difference between the Preliminary Breath Test and Breathalyzer Test in Virginia, click here.
What to Do If You Have Been Arrested for DUI in Fairfax
If you have been arrested for DUI in Fairfax, consult a Fairfax DUI lawyer as soon as possible to start preparing your defense. Virginia DUI convictions have harsh penalties, including fines, jail, mandatory alcohol classes, Ignition Interlock installation, and automatic driver’s license revocation. The DMV will also add demerit points to your driving record, and the conviction will remain on your driving record for 11 years and on your criminal record permanently.
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