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In DWI cases, like all criminal cases, a police officer must have probable cause to make an arrest.  Once an officer pulls you over, they will look for evidence you are intoxicated.  If they suspect you are intoxicated, they may ask you to do sobriety tests or a breath test at the scene.  If the officer believes you have failed the test or blew higher than a .08 BAC, they have probable cause to arrest you for a DWI.

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Brian Glass
Virginia personal injury lawyer selected to SuperLawyers Rising Stars List and the NTLA's Top 40 Under 40.