If you’re stopped by the police for DUI, you must understand your legal rights and know how to exercise them. This protection is essential so you don’t mistakenly incriminate yourself or give the officer additional reasons to arrest you. At The Wilson Law Firm, our dedicated Virginia DUI lawyers will protect your legal rights, explore every possible defense to fight the DUI charges, and help you achieve good results in your criminal case.
What Are Your Legal Rights If Stopped for DUI? 
Under Virginia Code § 18.2-266, driving a motor vehicle when intoxicated is a crime. DUI is a Class 1 misdemeanor in our commonwealth and is punished harshly. You must do everything possible to defend yourself—even if you're guilty. However, always remain polite when exercising your legal rights so as to not escalate the situation or risk being charged with more serious offenses.
Here’s what you’re entitled to reinforce during a DUI traffic stop:
- Right not to incriminate yourself. While you’re required to provide the police with your name, driver's license, and proof of insurance, you otherwise have a right to remain silent and not answer the officer's question. You should exercise this right so you don’t make incriminating statements the police can use against you.
- Right against illegal searches. Law enforcement officers only have the right to search your car without a search warrant when they pull you over for DUI if they have probable cause to do so. They must see something visible in your vehicle, such as open liquor bottles, drugs, or weapons. If this isn’t the case, you have a legal right to refuse to allow them to search your vehicle unless they get a warrant.
- Right to refuse field sobriety tests. The police may want you to perform field sobriety tests at the traffic stop. However, these tests are voluntary in Virginia. You should politely tell the officer you don’t want to take these tests.
- Right to refuse an initial breathalyzer test. You can also refuse to take a roadside breathalyzer test and should exercise this right. However, under Virginia's implied consent laws, you must take a blood, breath, or urine breathalyzer test at the police station if you’re arrested.
- Right to get a copy of the police report. This documentation is important to your case, as it contains your arrest details and your breathalyzer, urine, or blood test results.
- Your right to an attorney. Your first step after an arrest should be to contact the Wilson Law Firm. You should tell the officer that you want an attorney and that you won’t be able to answer any of their questions without first speaking to our legal team.
Let Our Experienced DUI Lawyers Defend You
We have decades of experience successfully defending our clients who were charged with DUI. Read our case results to learn about the good outcomes we achieved for them and how we can successfully defend you against DUI charges, too.