What Are Your Rights During a DUI/DWI Stop in Virginia?

If you are pulled over on suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) in Virginia, it is essential to understand your rights. Knowing what you are entitled to can help protect you from self-incrimination and ensure that your legal rights are respected throughout the process. 

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC know your rights and how to protect them. This guide will explain your rights during a DUI/DWI stop in Virginia and provide helpful tips on how to handle the situation.

The Initial Traffic Stop

During the initial traffic stop, an officer must have a reasonable suspicion that you have committed a traffic violation or a crime. This could be due to erratic driving, speeding, running a red light, or any other observable infraction. Here are some of your rights you need to know:

1. Right to Remain Silent

One of your most critical rights is the right to remain silent. You are not obligated to answer any questions about where you were, what you were doing, or if you were drinking. Politely inform the officer that you are exercising your right to remain silent and limit your responses to providing your name, driver’s license, registration, and proof of insurance.

2. Right Against Unreasonable Searches

The Fourth Amendment protects you from unreasonable searches and seizures. An officer cannot search your vehicle without your consent, a warrant, or probable cause. If an officer asks to search your car, you have the right to refuse. Be polite and clearly state that you do not consent to the search. However, if the officer has probable cause, such as seeing an open container of alcohol in plain view, they may proceed with the search.

Field Sobriety Tests and Chemical Tests

If the officer suspects you are under the influence, they may ask you to perform field sobriety tests or submit to chemical tests. Here are your rights regarding these tests:

1. Field Sobriety Tests

You have the right to refuse field sobriety tests without facing legal consequences. These tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN), are subjective and can be used against you in court. Politely decline to take these tests by stating that you do not wish to participate. 

2. Preliminary Breath Test (PBT)

The preliminary breath test is a roadside test used to estimate your blood alcohol concentration (BAC). In Virginia, you have the right to refuse the PBT without any immediate legal penalties. However, refusal can be used as evidence against you in court.

3. Chemical Tests 

Under Virginia’s implied consent law, if you are lawfully arrested for a DUI/DWI, you are required to submit to a chemical test (breath, blood, or urine) to determine your BAC. Refusing these tests after an arrest can result in automatic penalties, including a one-year license suspension for the first offense and three years for subsequent refusals. 

During the Arrest

If the officer determines that there is probable cause to arrest you for DUI/DWI, you will be taken into custody. During the arrest, you have additional rights:

1. Right to an Attorney

You have the right to an attorney during any questioning or interrogation. If you cannot afford an attorney, one will be appointed for you. Request an attorney right away and do not speak without one.

2. Miranda Rights

The officer is required to read you your Miranda rights upon arrest. These rights include the right to remain silent, the right to an attorney, and the warning that anything you say can be used against you in court. 

Get Advice from an Experienced DUI/DWI Attorney in Virginia

At Battlefield Law Group PLLC, our DUI/DWI defense attorneys help protect your rights throughout every stage of the process. We have defended countless clients and are ready to help you.

Contact us today for a free consultation of your case.