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Hi and Thanks for joining us. My name is David Dischley and I’m the managing partner at Dischley Law. Happy 4thof July. Everyone if you’re going be out grilling out and drinking I wanted to give everyone some simple tips to make sure you have a happy and safe 4th of July
First of all if you’re going to drink please don’t drive! You can call an Uber or get a designated driver. Uber is much cheaper than any defense attorney that you’re going have to hire if you are pulled over for a DWI. The cops are out there they’re looking for you today so if you
Do drink and you do drive make sure that you say as little as possible to the officer when he pulls you over. You will have to provide your license and registration if they ask. But you should say as little as possible the officer. If he asks have you been drinking today simply decline to answer that question by saying “officer I don’t wish to speak about my day” or officer “I don’t wish to make any statements.”
He may get you out of the car he may ask you to perform field sobriety tests. You have a right to decline those tests and we recommend that you do decline any field sobriety tests even if you think you can pass them. They’re designed for you to fail so decline any field sobriety test.
If you’re offered a roadside or preliminary breath test, regardless of what the officer says about you going home if you being able to pass that test and him not arrest you, we recommend that you decline that test.
Once you get back to the station you will be asked to take the official breath test. This is covered under Virginia’s implied consent law: if you operate a motor vehicle on a highway in the Commonwealth of Virginia you are required to take this test otherwise you can be charged with the offense of unreasonable refusal. If you’re charged with that offense and it’s your first offense it is civil in nature and the only punishment that the court can impose is a one-year loss of license with no eligibility for a restricted license.
You’re going to have to make a judgment call! If you think you’re under a .08 you may want to blow into that machine. If you don’t know what your blood-alcohol concentration is going to come back as it’s probably in your best interest to decline taking that test and take the additional charge in the hope that your lawyer can win your case on probable cause (which is the reason for the arrest) That’s our quick tip for today.
Have a happy and safe 4th of July!