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).
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
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).
What is the solution to the inaccuracy of breath testing and urine testing for blood alcohol content? Strike the admissibility of breath and urine testing and only allow blood test results.What should suspects do when asked or told to submit to breath, blood or...
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Jon Katz Practices in the Following Courts and Beyond