DUI DWI TESTS IN VIRGINIA
Under Virginia Law there is only one test you are required to take.
Field Sobority Tests (FST)The walk and turn, nystagmus eye test, one leg stand, alphabet tests are voluntary. You are not required to take any of these tests. There is no requirement under the law. However, they will be used against you in court.
Preliminary Breach Test (PBT)This is a small device carried in most Virginia Police vehicles. It is not calibrated and can not be used against you in court. However the PBT might be helpful if your alcohol level is low. Officers can let you go without a charge is their test is under a .08 alcohol level. You might be better off taking this test but there is not requirement to take this test.
Breath Alcohol on the Intoxilizer.This test on a large machine at the police station is on a calibrated and monitored device. It will be used in court. The law in Virginia of implied consent says you are required to take this test if arrested for DUI/DWI within 3 hours of operating a vehicle on a Virginia Highway. If you do not take this test another charge will be issued. Virginia does not allow you to consult with a lawyer before deciding to take this test or not.