Common Police Mistakes During a DUI Stop in Virginia

 Posted on October 20, 2025 in DUI Defense

Police officers must follow strict laws and procedures during a DUI stop. Even one mistake could mean that key evidence is thrown out or the entire case is dismissed. If you think something went wrong during your arrest, speak with our experienced Fairfax, VA DUI defense lawyers as soon as possible. We will investigate your case and start preparing a defense strategy immediately.

Can Police Pull You Over Without Good Reason in Virginia?

Police cannot pull you over without legal cause. Virginia law dictates that officers must have reasonable suspicion that a traffic violation or crime has occurred before they can pull you over. This means the officer must witness a clear traffic violation or have strong evidence that a crime has been committed.

If you were stopped for vague reasons, such as driving late at night or looking nervous, your attorney may challenge the legality of the stop. If the court decides the officer lacked reasonable suspicion, any evidence collected afterward, including field sobriety or breath test results, could be suppressed.

Common Mistakes Police Make During Field Sobriety Tests

Virginia police often rely on field sobriety tests to decide whether to arrest someone for DUI. However, these tests must be done according to strict National Highway Traffic Safety Administration (NHTSA) standards. When officers do not follow procedure, the results can be highly unreliable. Common police mistakes during these tests include:

• Conducting tests on uneven, wet, or sloped pavement

• Giving unclear or rushed instructions

• Failing to demonstrate the test before asking you to perform it

• Ignoring medical conditions, age, or balance issues that affect performance

• Using flashing patrol lights that make it harder to concentrate

• Interrupting or talking during the test, causing a distraction

• Recording poor performance without noting environmental factors

• Using non-approved tests that are not recognized by NHTSA guidelines

When these mistakes happen, an experienced lawyer can question the officer’s credibility and ask the court to exclude the unreliable test results. Under Va. Code § 18.2-266, DUI charges depend on evidence that you were actually impaired, not just that you performed poorly on an improperly given test.

Can Breathalyzer Errors Get a DUI Case Dismissed?

Virginia law requires strict compliance with procedures for chemical testing. According to 6VAC40-20-110 of the Virginia Administrative Code, officers must observe you for at least 20 minutes before starting to administer a breath test. They also have to ensure the machine is properly calibrated. Failing to follow these steps can make test results unreliable and inadmissible.

What if the Police Do Not Explain the Consequences of Refusing a Breath Test?

Virginia has an implied consent law under Va. Code § 18.2-268.2, meaning that if you drive on public roads, you agree to take a breath or blood test after a lawful arrest for DUI. However, the officer must clearly explain what happens if you refuse.

If police fail to warn you that refusing the test leads to an automatic one-year license suspension and possible jail time for repeat offenses, your refusal might not hold up in court. A lawyer can argue that you did not fully understand your rights or the consequences.

Schedule Your Free Consultation With a Vienna, VA DUI Defense Attorney

Police officers make mistakes just like anyone else. However, in a DUI case, their errors can seriously impact your future. We will review what happened to look for police misconduct and possible defenses. Our Fairfax, VA DUI defense lawyers bring more than 30 years of combined legal experience to every case. Our firm is a strong advocate for the Hispanic community, regularly offering commentary and legal insight on issues that affect Latin Americans and immigrants throughout Virginia. We are proud to serve our community with dedication, compassion, and cultural understanding.

Contact Arrested for a DUI, LLC at 301-479-5466 to schedule a free consultation today. Se habla Español.