Fairfax County General :
Fairfax Underground
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
dui blood test
Posted by:
r
()
Date: December 13, 2011 03:57PM
I got arrested for suspicion of DUI..My BAC was a .06 so the officer did a blood test. I've been to court twice and they still don't have the blood test. The prosecution keeps saying they do not have the results yet..Its been 4 months. the next court date is in feb. Would the test even be valid after 6months?
Re: dui blood test
Posted by:
dbs
()
Date: December 13, 2011 04:01PM
I'm sure your attorney could answer that question. What's that? You don't have an attorney?
Get of FFU and get an attorney. Then come back here and post the answer.
Get of FFU and get an attorney. Then come back here and post the answer.
Re: dui blood test
Posted by:
Drunk Ass
()
Date: December 13, 2011 10:28PM
.06? You're under the limit unless you were really doing some stupid shit or being a total asswipe. By the way, probalbly too late now Butyou don't haveto take a single field sobriety test! All your doing is offering evidence to the prosecution. It is not, however a requirement. The only requirement is a blood or breath teast and if you're smart you'll ask to speak to your attorney before providing either. They won't let you and that will be the aurgument you'll use to fight that charge.
Re: dui blood test
Posted by:
not true
()
Date: December 13, 2011 11:26PM
Drunk Ass Wrote:
-------------------------------------------------------
> .06? You're under the limit unless you were really
> doing some stupid shit or being a total asswipe.
> By the way, probalbly too late now Butyou don't
> haveto take a single field sobriety test! All your
> doing is offering evidence to the prosecution. It
> is not, however a requirement. The only
> requirement is a blood or breath teast and if
> you're smart you'll ask to speak to your attorney
> before providing either. They won't let you and
> that will be the aurgument you'll use to fight
> that charge.
Actually nothing you just said was true. You can get a DWI with ANY BAC over .00 with evidence of poor driving. However anything over a .04 can be charged as a DWI regardless. While you dont have to take the field sobriety test if you refuse you lose you license for 6 or 12 months AUTOMATICALLY for the refusal and will still have to do the blood test. You have NO right to a lawyer for the blood test as you arent required to answer questions.
-------------------------------------------------------
> .06? You're under the limit unless you were really
> doing some stupid shit or being a total asswipe.
> By the way, probalbly too late now Butyou don't
> haveto take a single field sobriety test! All your
> doing is offering evidence to the prosecution. It
> is not, however a requirement. The only
> requirement is a blood or breath teast and if
> you're smart you'll ask to speak to your attorney
> before providing either. They won't let you and
> that will be the aurgument you'll use to fight
> that charge.
Actually nothing you just said was true. You can get a DWI with ANY BAC over .00 with evidence of poor driving. However anything over a .04 can be charged as a DWI regardless. While you dont have to take the field sobriety test if you refuse you lose you license for 6 or 12 months AUTOMATICALLY for the refusal and will still have to do the blood test. You have NO right to a lawyer for the blood test as you arent required to answer questions.
Re: dui blood test
Posted by:
hobo harry
()
Date: December 13, 2011 11:26PM
While correct you do not have to take the field tests, if you are arrested you have to take the breath test or give blood. And no you do not get a chance to speak to your lawyer before hand. Guess you will have to make a choice on your own.
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
(1992, c. 830; 1993, c. 746; 1994, cc. 359, 363; 1995, c. 23; 2002, c. 748; 2004, c. 1013; 2005, cc. 616, 757, 840.)
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2-266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
(1992, c. 830; 1993, c. 746; 1994, cc. 359, 363; 1995, c. 23; 2002, c. 748; 2004, c. 1013; 2005, cc. 616, 757, 840.)
Re: dui blood test
Posted by:
Kilton
()
Date: December 14, 2011 06:12AM
Drunk Ass Wrote:
-------------------------------------------------------
> unless you were really
> doing some stupid shit or being a total asswipe.
This is a given.
-------------------------------------------------------
> unless you were really
> doing some stupid shit or being a total asswipe.
This is a given.
Re: dui blood test
Posted by:
you are idiots
()
Date: December 14, 2011 08:03AM
Definately get a good DWI lawyer (shop around) and question the validity of the test- there are many ways to do this, especially if it has taken this long..
Re: dui blood test
Posted by:
Bill.N.
()
Date: December 14, 2011 10:05AM
@ not true-I've heard that .04 line before, but where does it come from. The only place I've found in the Virginia Code for it relates only to those operating commercial vehicles. Is it in a police manual?
Re: dui blood test
Posted by:
BB*X
()
Date: December 14, 2011 10:22AM
"While you don't have to take the field sobriety test if you refuse you lose your license for 6 or 12 months AUTOMATICALLY for the refusal..."
This is not true, you can refuse the field tests all you want without any penalty. That being said you will be arrested and taken to jail if you refuse them but you cannot be charged with refusal for refusing to take the field tests. Once you are arrested and taken to the station is where the refusal comes in. You could try saying you will take the breath test at the station and then change your mind and decide you want the blood test. The only reason to do this would be to allow more time between the arrest and the testing, there by allowing your BAC to dissipate. If you do refuse at the station you will lose your license but I'd say that's better than losing your license, ASAP, jail time, and what ever other hoops the county can find to make you jump through.
Stop drinking and driving, I learned my lesson the $8K way.
This is not true, you can refuse the field tests all you want without any penalty. That being said you will be arrested and taken to jail if you refuse them but you cannot be charged with refusal for refusing to take the field tests. Once you are arrested and taken to the station is where the refusal comes in. You could try saying you will take the breath test at the station and then change your mind and decide you want the blood test. The only reason to do this would be to allow more time between the arrest and the testing, there by allowing your BAC to dissipate. If you do refuse at the station you will lose your license but I'd say that's better than losing your license, ASAP, jail time, and what ever other hoops the county can find to make you jump through.
Stop drinking and driving, I learned my lesson the $8K way.
Re: dui blood test
Posted by:
Pinhead the Cenobite
()
Date: December 14, 2011 10:33AM
Even with a diminished BAC permitted with lapse in time, do the police estimate a BAC based upon calculated or "scaled" BAC at the time of the first contact (taking into account items like age, sex, weight, etc.)?
-----------------------------------------------
"...your suffering will be legendary even in Hell!"
-----------------------------------------------
"...your suffering will be legendary even in Hell!"
Re: dui blood test
Posted by:
Drnk Ass
()
Date: December 14, 2011 11:48AM
What about the old pull over, turn off ignition and remove keys, exit vehicle with pint of favorite houch, toast the cop as he's approaching and .....chug? Supposedly you could only get a D.I.P. since they couldn't prove your B.A.C. while driving. I've never heard of anyone actually having the balls to try it.
Re: dui blood test
Posted by:
BB*X
()
Date: December 14, 2011 01:18PM
I'm not sure how they would estimate the BAC since they have no idea if someone took medication or if they pounded 10 shots and then jumped in the car. They have no way of knowing how many drinks you had or how long it has been since you had them. I've never seen them take weight, age, or sex into account. You have to take those into account when you are drinking. If you're an 85 pound woman that's 5 feet tall you should not go out to the bar and have three drinks before driving, you will most likely be over the limit. However if you are a 220 pound, six foot tall male you can probably drink those three beers and be under the limit. The cops do not take any of that into account, they only care if that field test shows .08 or more.
There are all kinds of "tricks" that people throw around for getting out of a DUI. I guess that might work but you'd be dealing with one pissed off cop and you would still have to pay a fine for DIP and pay to get your car back.
There are all kinds of "tricks" that people throw around for getting out of a DUI. I guess that might work but you'd be dealing with one pissed off cop and you would still have to pay a fine for DIP and pay to get your car back.
Re: dui blood test
Posted by:
not true
()
Date: December 14, 2011 03:29PM
Bill.N. Wrote:
-------------------------------------------------------
> @ not true-I've heard that .04 line before, but
> where does it come from. The only place I've
> found in the Virginia Code for it relates only to
> those operating commercial vehicles. Is it in a
> police manual?
Its kinda the standard since the .03 line is where most places like the DMV say driving starts to get affected. Plus just practically speaking judges arent going to give people DWIs at .01 unless they were just doing something really stupid
-------------------------------------------------------
> @ not true-I've heard that .04 line before, but
> where does it come from. The only place I've
> found in the Virginia Code for it relates only to
> those operating commercial vehicles. Is it in a
> police manual?
Its kinda the standard since the .03 line is where most places like the DMV say driving starts to get affected. Plus just practically speaking judges arent going to give people DWIs at .01 unless they were just doing something really stupid
Re: dui blood test
Posted by:
BB*X
()
Date: December 14, 2011 03:34PM
I think that .04 may also come into play when dealing with someone that is under the age of 21.
Re: dui blood test
Posted by:
not true
()
Date: December 14, 2011 03:34PM
BB*X Wrote:
-------------------------------------------------------
> "While you don't have to take the field sobriety
> test if you refuse you lose your license for 6 or
> 12 months AUTOMATICALLY for the refusal..."
>
> This is not true, you can refuse the field tests
> all you want without any penalty. That being said
> you will be arrested and taken to jail if you
> refuse them but you cannot be charged with refusal
> for refusing to take the field tests. Once you
> are arrested and taken to the station is where the
> refusal comes in. You could try saying you will
> take the breath test at the station and then
> change your mind and decide you want the blood
> test. The only reason to do this would be to
> allow more time between the arrest and the
> testing, there by allowing your BAC to dissipate.
> If you do refuse at the station you will lose your
> license but I'd say that's better than losing your
> license, ASAP, jail time, and what ever other
> hoops the county can find to make you jump
> through.
>
> Stop drinking and driving, I learned my lesson the
> $8K way.
Except the thats not true either. You dont have the right to dictate if you want the blood or breath test. Not taking the road side test will make you get your license taken away. Refusing the tests at the station will land you in jail.
From the DMV website
"You do not have the option of requesting a blood
test instead of a breath test for an alcohol-related
offense. If you have had a prior DUI conviction
or conviction of breath test refusal, you will be
charged with a Class 2 misdemeanor for refusing to
take a blood alcohol test. If you have had two DUI
convictions or conviction of breath test refusal within
a ten-year period, you will be charged with a Class
1 misdemeanor. Both offenses carry a three-year
license suspension.
If you are convicted of a breath test refusal, the court
will suspend your driving privilege for one year. If
you are also convicted of DUI, the DUI driver’s
license revocation period will run consecutively with
the breath test refusal revocation. You are not eligible
for a restricted driver’s license during the suspension
for a breath test refusal."
As hobo harry pointed out above just driving in VA is giving them consent for the breathe and blood tests. VA doesnt have to let you drive and if you refuse their tests you wont be driving. You cant even get a restricted license if you lose it for refusal
-------------------------------------------------------
> "While you don't have to take the field sobriety
> test if you refuse you lose your license for 6 or
> 12 months AUTOMATICALLY for the refusal..."
>
> This is not true, you can refuse the field tests
> all you want without any penalty. That being said
> you will be arrested and taken to jail if you
> refuse them but you cannot be charged with refusal
> for refusing to take the field tests. Once you
> are arrested and taken to the station is where the
> refusal comes in. You could try saying you will
> take the breath test at the station and then
> change your mind and decide you want the blood
> test. The only reason to do this would be to
> allow more time between the arrest and the
> testing, there by allowing your BAC to dissipate.
> If you do refuse at the station you will lose your
> license but I'd say that's better than losing your
> license, ASAP, jail time, and what ever other
> hoops the county can find to make you jump
> through.
>
> Stop drinking and driving, I learned my lesson the
> $8K way.
Except the thats not true either. You dont have the right to dictate if you want the blood or breath test. Not taking the road side test will make you get your license taken away. Refusing the tests at the station will land you in jail.
From the DMV website
"You do not have the option of requesting a blood
test instead of a breath test for an alcohol-related
offense. If you have had a prior DUI conviction
or conviction of breath test refusal, you will be
charged with a Class 2 misdemeanor for refusing to
take a blood alcohol test. If you have had two DUI
convictions or conviction of breath test refusal within
a ten-year period, you will be charged with a Class
1 misdemeanor. Both offenses carry a three-year
license suspension.
If you are convicted of a breath test refusal, the court
will suspend your driving privilege for one year. If
you are also convicted of DUI, the DUI driver’s
license revocation period will run consecutively with
the breath test refusal revocation. You are not eligible
for a restricted driver’s license during the suspension
for a breath test refusal."
As hobo harry pointed out above just driving in VA is giving them consent for the breathe and blood tests. VA doesnt have to let you drive and if you refuse their tests you wont be driving. You cant even get a restricted license if you lose it for refusal
Re: dui blood test
Posted by:
strangeland
()
Date: December 14, 2011 03:35PM
When you get an attorney ask about the right to a quick and speedy trial.
Re: dui blood test
Posted by:
not true
()
Date: December 14, 2011 03:40PM
BB*X Wrote:
-------------------------------------------------------
> I think that .04 may also come into play when
> dealing with someone that is under the age of 21.
Under 21 limit in VA is .02
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
-------------------------------------------------------
> I think that .04 may also come into play when
> dealing with someone that is under the age of 21.
Under 21 limit in VA is .02
§ 18.2-266.1. Persons under age 21 driving after illegally consuming alcohol; penalty.
A. It shall be unlawful for any person under the age of 21 to operate any motor vehicle after illegally consuming alcohol. Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08 by weight by volume or less than 0.08 grams per 210 liters of breath as indicated by a chemical test administered as provided in this article shall be in violation of this section.
Re: dui blood test
Posted by:
Some of you are idiots
()
Date: December 14, 2011 03:57PM
> Except the thats not true either. You dont have
> the right to dictate if you want the blood or
> breath test. Not taking the road side test will
> make you get your license taken away. Refusing
> the tests at the station will land you in jail.
And where in all of your research did you find that it is mandatory to do any field sobriety tests? It is plain and simply:
1) not required
2) doing nothing except offering more evidence to be used against you
> the right to dictate if you want the blood or
> breath test. Not taking the road side test will
> make you get your license taken away. Refusing
> the tests at the station will land you in jail.
And where in all of your research did you find that it is mandatory to do any field sobriety tests? It is plain and simply:
1) not required
2) doing nothing except offering more evidence to be used against you
Re: dui blood test
Posted by:
not true
()
Date: December 14, 2011 04:07PM
Some of you are idiots Wrote:
> And where in all of your research did you find
> that it is mandatory to do any field sobriety
> tests? It is plain and simply:
>
> 1) not required
> 2) doing nothing except offering more evidence to
> be used against you
Have fun not being able to drive then. I dont care one way or another. I just get a kick out of people and all these wives tales people believe is fact. You probably also think that cops have to tell you theyre a cop if you ask.
> And where in all of your research did you find
> that it is mandatory to do any field sobriety
> tests? It is plain and simply:
>
> 1) not required
> 2) doing nothing except offering more evidence to
> be used against you
Have fun not being able to drive then. I dont care one way or another. I just get a kick out of people and all these wives tales people believe is fact. You probably also think that cops have to tell you theyre a cop if you ask.
Re: dui blood test
Posted by:
Bill.N.
()
Date: December 14, 2011 05:27PM
Some of you are idiots Wrote:
-------------------------------------------------------
> And where in all of your research did you find
> that it is mandatory to do any field sobriety
> tests? It is plain and simply:
>
> 1) not required
> 2) doing nothing except offering more evidence to
> be used against you
Are you talking about field breathalizer or other chemical tests, or are you talking about those walk the line-touch your nose type things?
-------------------------------------------------------
> And where in all of your research did you find
> that it is mandatory to do any field sobriety
> tests? It is plain and simply:
>
> 1) not required
> 2) doing nothing except offering more evidence to
> be used against you
Are you talking about field breathalizer or other chemical tests, or are you talking about those walk the line-touch your nose type things?
Re: dui blood test
Posted by:
not true
()
Date: December 14, 2011 05:32PM
Bill.N. Wrote:
-------------------------------------------------------
> Some of you are idiots Wrote:
> --------------------------------------------------
> -----
> > And where in all of your research did you find
> > that it is mandatory to do any field sobriety
> > tests? It is plain and simply:
> >
> > 1) not required
> > 2) doing nothing except offering more evidence
> to
> > be used against you
>
>
> Are you talking about field breathalizer or other
> chemical tests, or are you talking about those
> walk the line-touch your nose type things?
Technically you dont have to take the field tests. HOWEVER refusing to do so is an automatic fail and youll be arrested and taken to the station where you have no choice and you wont be driving for quite a while. Theres also a good chance youll just piss them off and theyll be a lot less likely to give you any breaks on whatever chargers they can bring.
-------------------------------------------------------
> Some of you are idiots Wrote:
> --------------------------------------------------
> -----
> > And where in all of your research did you find
> > that it is mandatory to do any field sobriety
> > tests? It is plain and simply:
> >
> > 1) not required
> > 2) doing nothing except offering more evidence
> to
> > be used against you
>
>
> Are you talking about field breathalizer or other
> chemical tests, or are you talking about those
> walk the line-touch your nose type things?
Technically you dont have to take the field tests. HOWEVER refusing to do so is an automatic fail and youll be arrested and taken to the station where you have no choice and you wont be driving for quite a while. Theres also a good chance youll just piss them off and theyll be a lot less likely to give you any breaks on whatever chargers they can bring.
Re: dui blood test
Posted by:
strat
()
Date: December 18, 2011 04:53AM
I'm not directing this at the original poster, but rather the whole forum, since this is arguably the most common topic on FFXU.
I'm sorry, I realize that .08 may be excessively conservative as a standard, but is it really that difficult to avoid putting yourself in a car behind the wheel after drinking?
I'm sorry, I realize that .08 may be excessively conservative as a standard, but is it really that difficult to avoid putting yourself in a car behind the wheel after drinking?
Re: dui blood test
Posted by:
Kilton
()
Date: December 18, 2011 06:29AM
strat Wrote:
-------------------------------------------------------
> I'm sorry, I realize that .08 may be excessively
> conservative as a standard, but is it really that
> difficult to avoid putting yourself in a car
> behind the wheel after drinking?
Apparently it requires a level of intelligence which evades a significant percentage of the population.
-------------------------------------------------------
> I'm sorry, I realize that .08 may be excessively
> conservative as a standard, but is it really that
> difficult to avoid putting yourself in a car
> behind the wheel after drinking?
Apparently it requires a level of intelligence which evades a significant percentage of the population.
Re: dui blood test
Posted by:
mkslcmb
()
Date: December 18, 2011 07:26AM
call this lawyer Mike Slocumb. The best DUI lawyer around. 1-800-WIN-WIN-1
Re: dui blood test
Posted by:
Mike Slocum
()
Date: December 18, 2011 07:35AM
.
.
Tell them you MEAN business. Call me, the Mike Slocum lawfirm at
http://www.slocumblaw.com/
Attachments:
.
Tell them you MEAN business. Call me, the Mike Slocum lawfirm at
http://www.slocumblaw.com/
Attachments: