blood testing
Blowing or bleeding- Does a Virginia DUI defendant get to choose?
Blowing into the breathalyzer / Intox EC/IR II machine is distasteful to many Virginia DUI arrestees who know that a blood test can reduce the gross inaccuracies that too often accompany breath testing for blood alcohol concentration (BAC). As a Fairfax DUI lawyer, I repeatedly...
Fairfax DUI defense lawyer on the Virginia alcohol testing refusal law
Fairfax DUI defense and DWI defense throughout Virginia often also includes defense against charges of unreasonably refusing to submit to a breath or blood test for blood or breath alcohol content (BAC).
Virginia criminal lawyer pursuing your best defense, since 1991 – On police boundaries
Police are not permitted to overstep their bounds. That means, for instance, that police may not tell suspects they have to answer questions, because everyone has the right to remain silent with the police
Virginia DWI defense- Attacking DFS and hospital BAC analyses
In some Virginia DWI/DUI prosecutions under Virginia Code § 18.2-266, the police happen upon a car crash situation where the suspected drunk driver is unconscious and taken to the hospital by ambulance. As a Fairfax DUI lawyer, I know that where the police do not then...
When SCOTUS’s Birchfield decision will help a DWI defendant’s case
Under Birchfield, refusal to submit to a blood test cannot be criminalized, and "consent" to a blood test can be challenged if the police warned the arrestee that blood test refusal risks criminal penalty(ies).