What if I refuse to take a breath or blood test?
By accepting the privilege extended by the laws of this state to operate a vehicle, you are deemed to have consented to submit to a test for the purposes of determining the level of alcohol in your system. If you refuse to take the test, you will be charged with a separate offense. If the court determines that your refusal was unreasonable, your license will be suspended for twelve months.
How can I win my DUI case?
If a breath test has been given and the results are admitted into evidence, then in most cases you will be convicted. However, if an attorney is successful in attacking the admissibility of the tests, then the test results would not be considered by the Judge. There are several ways in which a breath test can be attacked. If the breath test is excluded, the prosecution must then rely on your driving behavior and your appearance and performance on the coordination tests.
Do I need an attorney?
Yes! DUI laws are complicated. There are many technical issues for which an experienced DUI attorney can provide invaluable assistance. Furthermore, DUI is a criminal offense, which means you could be sentenced to jail. In most jurisdictions, a prosecutor is assigned to try DUIs. It is in your best interest to have an experienced trial attorney by your side. Even if the charge is not dismissed, an aggressive attorney may be able to get the charge reduced or argue for minimum punishments.
What is the best way to avoid getting charged with DUI?
Designate a friend as the driver, call a friend, call a cab, or walk. I recommend that you think about these arrangements in advance so that you are not tempted to drive when you have had too much to drink.
Please remember, the best way to avoid a DUI conviction is not to drink and drive. As a former prosecutor and as a defense attorney for over 30 years, I am uniquely qualified to handle your DUI charge. I make sure you understand the details of your case and my goal is to achieve the best result for my clients.
James Short practices in all areas of Hampton Roads, including Chesapeake, Portsmouth, Norfolk, Virginia Beach, Suffolk, Hampton and Newport News.