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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving
- Bob Keefer: Rockingham DWI and DUI Lawyer: Even Puck from Reality TV gets charged with DWI/DUI.
- Bob Keefer: Virginia DWI/DUI Lawyer: Even NFL Bengal Linebacker Rey Maualuga gets charged with DWI/DUI.
- Another college football player punished before trial for a DWI charge: Carlos Dunlap
- Diabetics get mistaken for Drunks by Virginia's breath tester
- Bob Keefer: Woodstock Virginia VA DWI DUI & Drunk Driving Lawyer: Deputy does not get fired for perjured testimony to convict DWI defendants.
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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving
- Bloodshot eyes are no longer considered to be a clue of impairment by alcohol. There are just too many other causes in the normal environment. See attachment E. page 10 of the NHTSA publication: "The Detection of DWI at BACs Below 0.10."
- Attached is a 2003 study called “Nystagmus Testing in Intoxicated Individuals”. Page 2, paragraph 6 reads: “Virtually all normal individuals can make smooth pursuit eye movements to track targets up to 30deg/sec…. If a target moves too quickly for the smooth pursuit system to track accurately, brief catch-up saccades will be interposed……and the eyes will been seen to jerk as they follow the stimulus.”
Q: Should I agree to take a chemical test? What happens if I don't?
A:
There are adverse consequences to refusing to submit to a breath or blood test:
- Your driver's license will be suspended for one year; if this is a second offense, you will probably be charged with a criminal offense for such refusal. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license..
- The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough.
Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing.
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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving:
- Intoxilyzer 5000 will read positive from a cell phone being on.
- False Breath readings on the Intoxilyzer 5000
- Busted: A Citzens Guide To Surviving Police Encounters