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How Do I Know if My Lawyer Violated My Constitutional Rights?

The controlling case that has set the standard for ineffective assistance of counsel claims is Strickland v. Washington, 466 US 668 (1984). Strickland sets forth a two part test to determine whether your lawyer was effective:

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What Are the Penalties for Refusing to Take a Breath or Blood Test?

The penalties for refusal are found in Va. Code § 18.2-268.3. If it's your first time being charged with refusal and you are convicted, you will lose your driving privileges in Virginia for one year.

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The Three Most Common Field Sobriety Tests

The three most common field sobriety tests are the Horizontal Gaze Nystagmus (HGN), 9 Step Walk and Turn, and the One Leg Stand. Only those three tests have been approved by the National Highway Traffic Safety Administration for use in DUI investigation.

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What Are the Three Most Common Field Sobriety Tests?

The three most common field sobriety tests are the Horizontal Gaze Nystagmus (HGN), 9 Step Walk and Turn, and the One Leg Stand. Only those three tests have been approved by the National Highway Traffic Safety Administration for use in DUI investigation.

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Do I Have to Do Field Sobriety Tests and The Five Reasons You Should Refuse to Take Them

Field Sobriety Tests are not mandatory. You are allowed to refuse to perform the tests. In fact, it is almost always a good idea to refuse to do the tests. Here are several reason you should not perform field sobriety tests:

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What Is a Preliminary Breath Test?

A preliminary breath test is the breath test that the police officer will offer at the side of the road right before he places you under arrest. The results of the test are not admissible in a DUI trial, but may be admissible in the trial of other kinds of offenses--like public intoxication.

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Can I Be Charged with A DUI Even Though I'm Not Driving My Car?

Yes. In Virginia, you can be convicted of DUI even if you're not driving your car. That's because Virginia law says that you can be convicted of DUI if you are driving or operating a vehicle while under the influence.

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