DUI 2ND WITHIN 5-10; REFUSAL 2ND - FAUQUIER COUNTY

DUI 2nd w/in 5-10 years (18.2-266) and Refusal 2nd (18.2-268.3).

Facts of the Case:
After having a few drinks, Client and a friend went out to Client's car to listen to his new car stereo. When law enforcement saw Client and his friend sitting in the car with its parking lights on, and exhaust coming from the car, they approached to investigate. After smelling a "strong" odor of alcohol, observing Client with bloodshot eyes and slurred speech, Client was asked to perform a series of Field Sobriety Tests (FSTs). Client refused all FSTs, the Preliminary Breath Test (PBT) and the Intoxilyzer (EC/IR 2).

Disposition:
The DUI 2nd w/in 5-10 was reduced to a DUI 1st offense. The Refusal 2nd was nolle prossed (dismissed) by the Commonwealth's Attorney. No jail time.

NOTE: It's important to remember that one can be charged with a DUI simply by "operating" an automobile - such as in the case above. You do not need to be driving. Simply engaging the electrical or mechanical instruments of the car, despite the fact that the automobile is never put into motion, is enough to trigger a potential DUI arrest.