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Defenses You Need to Know About if You Have Been Arrested on DUI in Virginia


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3/18/2009
Mindy
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There are many sobriety field tests (SFTs) that police will use on someone such as repeating the alphabet backwards.  What many people don’t know is that this test among others, are not the standardized tests recommended by NHTSA. 

There are only three scientifically reliable tests: the horizontal gaze nystagmus test (follow the pen with the eyes), the walk-and-turn test, and the one-leg stand test. 

Virginia police have been known to make mistakes during a DUI arrest.  For example, in the one-leg stand test an officer should not test people who are 50 pounds overweight or are physically impaired. Also, the SFTs were designed to predict a .10 level or above and the legal BAC limit is currently .08, leaving room for error. Another defense in a DWI case is the reliability of the breath testing machine itself. 

If you have taken one of these field tests, there are many possible defenses available for DUI charges.  An experienced Virginia DUI attorney can help you if you have been wrongfully accused of driving under the influence. 

The article “Is It Possible to Get Out of a DUI or DWI Charge” has more information on this topic.



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