| At the first sight of flashing lights behind you, it's | | | | pat down search for weapons. You do have the right |
| important to cooperate with the officer as easily as | | | | to refuse a vehicle search, but if you have nothing to |
| possible. The more uncooperative you are, the less | | | | hide, doing so will only make you look suspicious. |
| understanding the police will be. Knowing what to | | | | If the officer requests you participate in a FST, you do |
| expect in a suspected Virginia DUI traffic stop will help | | | | have the right to refuse by requesting to first speak to |
| you to comply and cooperate with the officer's | | | | an attorney. If you do submit, the 5 most common |
| requests. | | | | FSTs are: |
| Being Stopped for "Reasonable Suspicion" | | | | Nystagmus - The officer watches your eyes while |
| Unless you've come across a routine Virginia DUI | | | | passing their finger or a pencil 6 inches from your nose |
| checkpoint, chances are you were stopped because | | | | to watch for trembling or jerking as your eyes attempt |
| the officer had reasonable suspicion to believe you | | | | to track the object. |
| were driving under the influence. Reasonable suspicion | | | | Standing on one leg - Testing for balance, |
| can be determined by some of the following driving | | | | sometimes while asked to count to 10. Falling, swaying |
| behaviors: | | | | too much, or losing count can all fail this test. |
| swerving over the marked lane dividers; | | | | Walk and turn - Walking a set amount of |
| nearly missing an object or other vehicles; | | | | heel-to-toe steps, turning, and walking back the same |
| erratic acceleration; | | | | number. Falling, wobbling, and losing count can all fail this |
| improper use of turn signals; | | | | test. |
| frequent breaking; | | | | Finger to nose - Standing with feet together, you |
| driving very slowly (10 or more mph lower than the | | | | must close your eyes, extend your arms, and touch |
| speed limit); and | | | | your finger to your nose. If you have trouble |
| stopping for no reason. | | | | maintaining balance, miss your nose, or show unnatural |
| None of these behaviors are solid proof you were | | | | muscle tremors, you can fail this test. |
| driving drunk and your erratic driving will need further | | | | Rhomberg balance test - Standing erect, you must |
| investigation for the officer to be able to arrest you for | | | | close your eyes, tilt your head back, and estimate 30 |
| Virginia DUI. | | | | seconds before relaxing from the position. The officer |
| What the Traffic Stop Should Entail | | | | will be looking for muscle spasms, balance issues, or if |
| As with any routine traffic stop, the officer will ask for | | | | the alcohol has slowed down your perception of time. |
| your license and registration, which you will either have | | | | It's best to not resist any search or tests the officer |
| to provide or allow a search of the passenger area to | | | | asks for, even if you think the officer is acting without |
| obtain the documents. Driving without the proper | | | | permission. Any illegally obtained evidence against you |
| documents can result in additional citations and fines, | | | | cannot be used at trial. Many sober people fail these |
| so be sure to have them ready for inspection. | | | | tests because of uneven pavement, improper |
| If the officer suspects you of DUI, they will be | | | | footwear, existing physical conditions, or nerves. If you |
| analyzing your behavior from the moment you roll | | | | "failed" a FST that only means you failed that officer's |
| down your window. Your physical appearance and | | | | personal observation of your condition. |
| demeanor can further implicate your potential DUI | | | | You may be requested to perform a roadside breath |
| conviction, including: | | | | test during your Virginia DUI stop. While you have the |
| odor of alcohol on your breath; | | | | right to refuse submitting to a roadside breath test, |
| bloodshot or watery eyes; | | | | because of Virginia's implied consent law, you cannot |
| slurred speech; | | | | refuse a blood or breath test at the police station. |
| flushed complexion; | | | | Say as Little as Possible |
| lack of physical coordination; | | | | Do not answer any questions unless they are asked |
| attitude; and | | | | by the officer. Answer only factually, do not elaborate |
| presence of open containers in vehicle. | | | | too much as you can further incriminate yourself |
| The Next Step: Outside the Vehicle | | | | without even realizing it. You have the right to refuse all |
| If the officer still suspects you of DUI after the initial | | | | questioning until you speak with an attorney, especially |
| questioning and visual inspection of your physical | | | | if you have not been read your rights or arrested. |
| condition, they may ask you to step outside your | | | | Remember that the only things you must do during a |
| vehicle to submit to a field sobriety test (FST). You | | | | traffic stop are provide your license and registration |
| MUST exit the vehicle when asked and submit to a | | | | and exit the vehicle if asked. |