On behalf of Darren Meyer, Attorney at Law posted in Fredericksburg DUI Attorney information on July 7, 2011.
DUI as a result of an accident? - KEEP YOUR MOUTH SHUT
Do you have a Fredericksburg/Spotsylvania area DUI charge pending that resulted from an accident? If so you need to talk to a Fredericksburg/Spotsylvania area Attorney immediately.
Under Virginia law, all drivers operating a vehicle on the highways of Virginia are subject to the implied consent law. In accordance with the implied consent law, if there is probable cause to arrest an individual for driving under the influence, by driving the individual has implicitly consented to give a sample of their blood or breath.
There are three very important elements that the Commonwealth must prove in a Fredericksburg DUI case for the implied consent law to be applicable;
1. The Commonwealth Attorney must prove the defendant was driving a motor vehicle.
2. The Commonwealth Attorney must prove the defendant was driving on a highway
3. The Commonwealth Attorney must prove the arrest occurred within 3 hours from driving
If the implied consent law does not apply, then it is likely your Fredericksburg DUI lawyer may keep out any blood alcohol analysis tests that may have been administered to the defendant.
Therefore, if you are involved in an accident in the Fredericksburg/Spotsylvania area and you feel that the officer may be accusing you of driving under the influence, keep your mouth shut! The Commonwealth Attorney may not be able to establish the time of the accident which would significantly help the defendant's case.
If you have a pending Fredericksburg/Spotsylvania area DUI charge, call Darren Meyer for a free consult. Please call his cell phone at (540) 840-8470.
For more information please go to www.darrenmeyerlaw.com