Sorry if these are redundant....

1) how often does the arrest list update
2) has anyone recently got a DUI charge in FFX CO since the new laws took effect (I think in 07'?) and did NOT blow a breathylizer, and if so, were you automatically convicted or were your charges reduced/dropped? I didn't get a DUI but a friend did, and I am trying to determine if he will be convicted since he didn't blow, or if it is possible for a lawyer to get it reduced. From what I have read it looks like it can go either way, but I am wondering about other's experiences with the FFX judicial system in this case.

Any comments/advice is appreciated....

1) weekly, usually on Wednesdays

My understanding was that if you refused to take the breathalyzer you would be immediately arrested. Technically, a blood sample can be taken and tested, but I don't think that's really done. Instead, some states use a refusal to take a breathalyzer as a form of guilt. States may also include as part of the agreement to possess a driver's license a section where you agree to take breathalyzer or other such tests.

So...

Tell your idiot friend to get a good lawyer. It's always possible for a lawyer to get the charges reduced or thrown out, it's just a matter of how much your friend is willing to spend, the circumstances of the arrest, and what they told the police officer.

The refusal is an entirely different charge than the DUI. You are charged with DUI and then by operating a motor vehicle in the state of Virginia you automatically give consent for a sample of blood/breath to be taken when charged with 18.2-266. You are read this long implied consent form before you officially refuse, the cop signs it along with the magistrate. Basically if you are found guilty you loose your license for one year. That doesn't include what punishments you are given for the DUI. The penalties differ though with the more DUIs you rack up.

You will be charged with a refusal & a DUI. The state will attempt to get you to plead guilty to the DUI in exchange for dropping the refusal charge. A conviction on a refusal charge is far from the same as a DUI. Though the period of license suspension is the same, a refusal is not a moving violation. You can, however, be convicted of the DUI without the breath test or a blood test. Refusal is always the best option in my opinion (and my Lawyer's).

Just make sure your lawyer can read Latin, otherwise you are in trouble.

It's always so interesting how many people come on this site to ask questions about their drunk and/or criminal "friends." If only so much caring and compassion for thier "friends" were displayed prior to their arrests perhaps the crime would never have even been committed.

The agreement you sign says if don't take the breath test you are subject to a 6 month license suspension. Most people who don't blow will get the suspension but then the judge will allow the person to drive to and from work. In VA the State does not have the right to force you to give blood for a test. In other States the State can force you to give blood.

If you blow you are giving the prosecutor evidence to use in court. Technically I don't see how this is possible under the constituation because you have the right to not incriminate yourself. Obviuosly if you're drunk blowing would be incriminating yourself.



Edited 2 time(s). Last edit at 12/10/2008 03:18PM by Lurker..

bs Wrote:
-------------------------------------------------------
> It's always so interesting how many people come on
> this site to ask questions about their drunk
> and/or criminal "friends." If only so much caring
> and compassion for thier "friends" were displayed
> prior to their arrests perhaps the crime would
> never have even been committed.

I disagree. My "friends" told me not to drink and drive 10 yrs ago, and I did, and got busted. I don't think its new that it's a dumb choice, and a stupid thing to do. Unfortunately when you are wasted, you lose your ability to rationalize. At least in my case :)


If you must know the "friend" is my idiot brother. He's younger than me, and he knows better than to drive drunk because of what I went through back in the day. Luckily there was no accident involved, no manslaughter, etc which is a plus- but it still p*sses me off (I didnt have those things either! Just DWI). I asked these Q's since the laws have changed since back in the day when my "friends" or I got DWI's. I was just curious as the refusal charge is new to me, and when I went to research it, it seemed unclear if it was an "automatic" suspension on TOP of everything else (ie: possible 2 yrs suspended, fines, ASAP, etc), or if it went hand in hand with the DUI conviction (ie: same outcome, 1 yr suspended, plus fines, ASAP, etc). Honestly, I hope he loses his license for 2 yrs- he deserves it. I was trying to find out if this was going to be the case so I could rub it in his face.

Anywho- thanks to everyone who responded, it really helped me clarify! And for the record, I am a huge advocate of not drinking and driving. I haven't had a drink and got behind the wheel in 10 yrs, and never will. Getting charged with DWI was a HUGE eye opener for me, knowing I could have killed someone, a family, etc. Having kids of my own now, I couldn't imagine. Call me a hypocrite, but that's how I feel.

Lurker, you should brush up on the code. The suspension period is one year for unreasonable refusal regarding your first DUI, not six months. Additionally, when you are originally taken into custody and brought back to the jail you do not sign the "agreement." However, you are right regarding the issues that the State can not force you to give blood but it is a method that is used from time to time in place of giving a breath sample.

You mentioned that blowing into the machine just incriminates you and according to the constitution that is illegal. Well if you feel so strong you should address your local congressman because the State of Virginia states that any person operating a motor vehicle within its jurisdiction gives automatic consent to submit to a breath/blood sample if arrested under the suspicion of DUI.

Wow, just don't get behind the wheel if you've been drinking.