7 Mistakes You're Making After a DUI Arrest in Virginia Beach (And How Coastal Virginia Law Fixes Them)

Getting pulled over and arrested for DUI in Virginia Beach can feel overwhelming. Your heart's racing, your mind's spinning, and you're probably wondering what happens next. Here's the thing: what you do in the hours and days following your arrest matters just as much as what happened on the roadside.

Most people make critical mistakes right after a DUI arrest: mistakes that can weaken their defense before they even step into a courtroom. The good news? You don't have to navigate this alone. At Coastal Virginia Law, we've seen these mistakes countless times, and we know exactly how to fix them. Let's walk through the seven most common errors people make after a DUI arrest and how our experienced team turns them around.

Mistake #1: Waiting Too Long to Call an Attorney

The Mistake: You think you can handle this on your own, or maybe you're hoping the charges will just go away. You wait days: or even weeks: before reaching out to a lawyer.

How We Fix It: Time is not your friend in DUI cases. Virginia has some of the strictest DUI laws in the country, with serious consequences including hefty fines, license suspension, and potential jail time. When you contact Coastal Virginia Law immediately after your arrest, we jump into action right away.

We start investigating every detail of your arrest while the evidence is fresh. We interview witnesses, review police reports, and examine the circumstances of your stop before critical details fade or disappear. The sooner we get involved, the stronger your defense becomes. We've challenged countless DUI cases by catching procedural errors and inconsistencies that only surface with immediate, thorough investigation.

Mistake #2: Talking Too Much to Police

The Mistake: You want to explain yourself. You tell the officer where you were, how many drinks you had, what you ate for dinner: thinking that being cooperative and honest will help your case.

How We Fix It: Here's what most people don't realize: anything you say during a DUI stop can and will be used against you in court. Those seemingly innocent questions about where you're coming from and where you're going? They're building a case.

At Coastal Virginia Law, we teach you the power of polite silence. You have the right to remain silent, and you should use it. Our team handles all communications with law enforcement on your behalf, ensuring your statements can't be twisted or used as evidence against you. We've seen too many cases where someone talked their way into a conviction. We make sure that doesn't happen to you.

Mistake #3: Performing Field Sobriety Tests

The Mistake: The officer asks you to walk a straight line, stand on one leg, or follow a pen with your eyes. You comply, thinking you have no choice.

How We Fix It: Here's a secret many Virginia Beach drivers don't know: roadside field sobriety tests are voluntary. You can politely refuse them, and you should.

These tests aren't reliable. According to the National Highway Traffic Safety Administration, the one-leg-stand test is only about 65% accurate, the walk-and-turn test hits about 68%, and even the horizontal gaze nystagmus (HGN) test only reaches 77% reliability. That means these tests are wrong nearly one-third of the time: yet they're still used as evidence to arrest you.

When we take your case, we eliminate this unreliable evidence from the equation. If you did perform these tests, we challenge their validity in court, pointing out factors that affect performance: uneven pavement, weather conditions, nervousness, medical issues, or inappropriate footwear. We've successfully suppressed field sobriety test results that were improperly administered, and without that evidence, the prosecution's case gets significantly weaker.

Mistake #4: Not Questioning How Tests Were Conducted

The Mistake: You assume the officer followed proper procedures during your field sobriety tests. You don't realize they made mistakes.

How We Fix It: Police officers are human, and they make errors: lots of them. At Coastal Virginia Law, we scrutinize every aspect of how your field sobriety tests were conducted.

We look for procedural violations like:

• Conducting tests on wet, uneven, or sloped surfaces

• Failing to give clear instructions

• Not demonstrating the test first

• Ignoring your medical conditions or physical limitations

• Using distracting flashing patrol lights during the test

• Rushing through the standardized procedures

If we find that the officer deviated from the National Highway Traffic Safety Administration standards, we move to suppress those test results. We've had numerous cases where improperly conducted tests were thrown out entirely, leaving the prosecution with a much weaker case against you.

Mistake #5: Accepting Breathalyzer Results as Gospel

The Mistake: You blew a 0.10 on the breathalyzer, so you assume the case against you is ironclad. You don't question the machine or the results.

How We Fix It: Breathalyzers aren't infallible. At Coastal Virginia Law, we challenge breathalyzer results regularly and successfully.

We investigate:

• Whether the device was properly calibrated and maintained

• If the correct chemical solutions were used

• Whether the officer was properly trained to administer the test

• If the mandatory 20-minute observation period was followed before testing

• Whether you had any substances in your mouth that could affect results

Virginia Administrative Code 6VAC40-20-110 sets strict requirements for breathalyzer administration. When law enforcement violates these regulations, we use those violations to challenge the admissibility of your test results. We've seen breath test evidence excluded from cases because of maintenance failures, calibration errors, and procedural shortcuts. Don't assume those numbers are set in stone: we'll dig deep to find the cracks in the prosecution's evidence.

Mistake #6: Pleading Guilty Without Fighting

The Mistake: The prosecutor offers you a plea deal, and you think you should just accept it and move on. After all, you were arrested, so you must be guilty, right?

How We Fix It: Wrong. A DUI arrest doesn't equal a DUI conviction. At Coastal Virginia Law, we believe in fighting for every client because we've seen how many valid defenses exist in DUI cases.

We examine whether:

• The officer had reasonable suspicion to pull you over in the first place

• Probable cause existed for your arrest

• Your chemical samples were collected and stored properly

• The breathalyzer was functioning correctly

• Your rights were properly explained to you

• The stop itself violated constitutional protections

We've successfully defended clients by proving the initial traffic stop was unlawful, the arrest lacked probable cause, or the evidence collection violated proper procedures. Never plead guilty before letting experienced DUI attorneys review your case. What looks like a solid case against you might actually be full of weaknesses we can exploit to get charges reduced or dismissed entirely.

Mistake #7: Not Understanding Your Testing Rights

The Mistake: You're confused about which tests you can refuse and which ones you can't. You don't understand Virginia's implied consent law or the consequences of refusing chemical testing.

How We Fix It: The difference between roadside tests and post-arrest chemical testing is critical, and at Coastal Virginia Law, we make sure you understand your rights.

Here's the breakdown:

• Field sobriety tests: Voluntary. You can refuse without automatic penalties.

• Preliminary breath tests (PBT) at roadside: Generally voluntary before arrest.

• Chemical testing (blood or breath) after arrest: Subject to implied consent laws.

Virginia's implied consent law means that by driving on Virginia roads, you've agreed to chemical testing if lawfully arrested for DUI. Refusing this test triggers automatic license suspension for one year and can be used against you in court.

However: and this is important: the officer must properly inform you of the consequences of refusal. If they fail to give you the proper warnings, we can challenge both the refusal charge and the administrative license suspension. We've successfully fought refusal cases where officers skipped required steps or gave improper warnings.

Understanding these nuances is exactly what separates a good outcome from a devastating one. We walk you through your rights at every stage and identify where law enforcement may have violated them.

Why Coastal Virginia Law?

Look, we get it. You're facing one of the most stressful situations of your life. DUI charges in Virginia Beach carry serious penalties that can impact your license, your finances, your job, and your future.

At Coastal Virginia Law, we've built our reputation on aggressive, thorough DUI defense. We don't just show up to court and hope for the best. We challenge evidence, cross-examine officers, investigate police procedures, and fight for every possible advantage in your case.

Our extensive courtroom litigation experience means we know the local courts, the prosecutors, and the judges. We know what arguments work and what strategies get results. We've achieved favorable outcomes for countless clients by being meticulous, aggressive, and completely committed to protecting your rights.

A DUI arrest doesn't have to mean a DUI conviction. The mistakes you make after your arrest don't have to define your case. Contact Coastal Virginia Law today, and let's start fixing these mistakes together. Your future is worth fighting for: and we're ready to fight.