field sobriety tests
Virginia DUI convictions are risked even with your silence & inaction
Virginia DUI convictions are risked even when a DWI suspect declines to answer police questions, refuses law enforcement requests for field sobriety testing, and passes on the cop's offer to blow pretrial into a preliminary breath test (PBT) alcohol-testing machine. As a Fairfax criminal lawyer,...
Diluted is the Virginia definition of DUI | Driving under the influence
Diluted is the Virginia definition of DUI / driving under the influence of alcohol and drugs. As a Fairfax DUI lawyer, I know that the law of the commonwealth not only criminalizes driving with a 0.08 or higher blood alcohol concentration, but also "while such...
FST weakness gets pounced on and results in a DUI trial acquittal
FST (field sobriety testing) often get overly built up by police and prosecutors in Virginia DUI trials. In reality, prosecutions typically have holes to mine, enlarge and exploit in fighting for acquittal. Sometimes that yields acquittal, like with my recent DWI bench trial. In this...
Three keys to great Virginia criminal defense- Fairfax lawyer explains
Three keys are at your fingertips to make a potentially huge difference between success and a nightmare in Virginia criminal court. As a Fairfax criminal lawyer, I have time and time again witnessed the key difference that exercising these three steps can make. These steps...
Virginia DUI Victory from Successful Challenge of the Arrest
Virginia DUI victory can arise from a pretrial dismissal, suppression of the arrest, and a finding of lack of proof beyond a reasonable doubt to convict. As a Fairfax DUI lawyer, I know that preparation for such defense requires thorough attention to all the foregoing...
FST refusal- Beware doing otherwise in a Virginia DUI investigation
FST refusal is among your most powerful tools in fighting a Virginia DWI prosecution. As a Fairfax DUI lawyer, I have seen this truism in action time and time again. The importance of refusing field sobriety testing (FST) was re-highlighted for me only two days...
Nystagmus remains junk Virginia DUI science says Fairfax DUI Lawyer
Nystagmus testing for alcohol impairment -- also known as horizontal gaze nystagmus (HGN) -- is junk field sobriety testing (SFST) science. As a Fairfax DUI lawyer, I know that no published Virginia appellate opinion approves of such testing, and this year's appellate opinions on HGN...
HGN Testing in DUI Cases Means Little, Says Virginia DUI Lawyer
HGN testing -- meaning horizontal gaze nystagmus testing -- in Virginia DUI cases is one of the three field sobriety tests (the others being the walk and turn (WAT) test and one leg stand (OLS) test) covered in the student field sobriety testing (SFST) manual...
Lucidity Arguments get a DUI Arrest Suppressed – Fairfax DWI Lawyer
Fairfax DUI lawyer wins trial after underlining defendant's lucidity despite his wobbliness with field sobriety tests. Lucidity arguments are particularly important for DUI defendants when their physical coordination is wobbly. As a Fairfax criminal lawyer, I have experienced the benefits of such arguments, including in...
Suspect flight from police can enhance a conviction risk – Virginia defense
Suspect flight from police can enhance a conviction risk. As a Virginia criminal lawyer, I have known for a long time that when a suspect flees from police, the jurors are permitted to be instructed that flight can be considered as consciousness of the suspect's...
