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Some people believe that if they
refuse to take the breathalyzer test,
the court will not have a reason to find
them guilty of DUI because the court will
not have the results showing the amount
of alcohol in their blood. (In Virginia,
if you have .08% or greater alcohol content
in your blood, it is presumed you are
intoxicated.) Under Virginia law, however,
a judge can still find you guilty of DUI
based on the police officer's testimony
about your appearance, whether you had
an odor of alcohol on your breath or about
your body, how well you preformed the
field sobriety tests, etc. Based on those
factors, a judge can rule that there is
enough evidence to prove beyond a reasonable
doubt, and without the need of a breathalyzer
test result, that you were driving intoxicated.
Should you take the breathalyzer test
or not? It really depends on the situation.
If you refuse, you face an automatic one
year loss of your driver's license and
a possible $500 fine. If you take the
test, and the result is low (under .08%),
the police officer might decide not give
you a ticket for DUI since he will have
a difficult time proving to the judge
you were intoxicated. On the other hand,
if your test results are high, the judge
might feel you need to spend some time
in jail as a wake up call.
The
best way to avoid having to decide whether
to blow or not is to avoid the situation
altogether. Get a friend to drive you
home or take a cab whenever you drink.
DISCLAIMER:
David A. Cardon is an attorney at the
Virginia Beach office of Cardon and Goodman,
P.C. who concentrates his legal practice
in traffic, criminal, and personal injury
law. Mr. Cardon provides the materials
contained above as a public service and
on an informational basis only. These
materials are not intended to be a comprehensive
statement of Virginia law, and are not
intended to convey legal advice. If you
have a legal problem, you should consult
with an attorney in your area who can
investigate the particular circumstances
of your situation. You can contact David
Cardon, Esquire at (757) 306-9060 or dcardon@cglawfirm.net.
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VIRGINIA BEACH, NORFOLK, PORTSMOUTH, CHESAPEAKE, HAMPTON, NEWPORT NEWS
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