Walk It Through: Pulled Over In Virginia
The documents, the name question, a phone, and two different breath tests.
Lights behind you on the interstate. The officer in uniform asks for the license and registration.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stop on the interstate. Whether the stop was lawful, the field sobriety tests, the DUI sentencing minimums, and what happens after an arrest are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Class 1 misdemeanorThe highest misdemeanor class, punishable by up to twelve months in jail, a fine of up to $2,500, or both.
- False identity to an officerFalsely identifying oneself to a law enforcement officer with intent to deceive about one's real identity, after being lawfully detained and asked to identify oneself, a Class 1 misdemeanor.
- Implied consentThe rule under which unreasonably refusing the breath test after an arrest is a civil offense the first time, with a one year suspension of the privilege to drive.
- Preliminary breath testThe roadside breath test a person stopped on suspicion of DUI has the right to refuse. The refusal is not evidence in the prosecution, and the result is not admitted at trial.
- Handheld personal communications deviceA phone or similar device it is unlawful to hold while driving a moving motor vehicle on the highway, with a $125 fine for a first offense.