Fairfax DUI Drug Testing

Fairfax DUI drug testing for the presence of drugs is done pretty much exclusively by getting a warrant for somebody’s blood and going ahead and testing somebody’s blood. Law enforcement can present probable cause in front of a magistrate. If you are facing drunk driving charges, a distinguished drug DUI lawyer can help you navigate the testing process and what it means to refuse sobriety tests.

Proving Impairment

Common forms of Fairfax DUI drug testing do not always include instruments. Fairfax law enforcement officers try proving that a driver is impaired by looking at the individual’s driving behavior. That is a good way for them to initially decide whether or not to pull somebody over. They look at their interaction with the driver, the way that the driver spoke to them, the way that the driver basically was using their fine motor skills, handing over their license, interacting with them, and whether they were able to process questions and get out of the vehicle.

After assessing the driver’s behavior, they will conduct field sobriety tests. In the state of Virginia, field tests generally follow what is called NHTSA, the National Highway Traffic and Safety Administration. It is nationally, and scientifically reviewed guidelines for determining impairment. They are generally broken down into three tests, one is the horizontal gaze nystagmus, which is often seen on television as the test where a pen is moved back and forth in front of somebody’s eyes. There is the walk and turn test, which is where individuals walk heel to toe for a certain number of steps and they count out loud and their arms will be at their side and then they turn back. The individual could also be asked to do so while standing on one foot.

Common Case Obstacles

There are other forms of Fairfax DUI drug testing that officers give to people that should probably not be considered by a court because they might not be indicators of anything. They might be alphabet tests or the number tests where you ask somebody to count or whether you ask somebody to say the alphabet starting at B and ending at D or something like that. It is a test of literacy and it does not take into account learning disabilities. Experienced attorneys can argue that those should not be admissible. They are generally not considered as heavily weighted as the nationally reviewed tests that I just described, the walk-and-turn, the HGN, and the one-legged stand but officers do try to use them.

Fairfax Refusal Laws

Rarely, if someone finds themselves facing charges in a DUI case and they are asked to participate in testing, may a refusal prevent drunk driving charges. However, in doing so, the individual still risks being charged with a refusal offense. If there is not any behavior that has been observed that would be sufficient to convict the person for a DUI, they could be found guilty of the refusal. A first offense refusal in the state of Virginia is considered a civil offense, which will not go on a person’s criminal record.

Along with the civil offense, there is a mandatory one-year loss of license and the person cannot get it restricted.  If the individual does not want to lose their rights to drive, they may have to fight the refusal charge. It may not make sense for the person to refuse Fairfax DUI drug testing but refusing can potentially lead up to a year of license suspension. Refusal increases the likelihood of no criminal charges on the individual’s record, whereas it would devastate a person’s criminal background and potential future employment.

Contact Us
Free Consultation