If a Virginia law enforcement officer pulls you over on suspicion of drunk driving and asks you to step out of the car to perform field sobriety tests, you are facing one of the most consequential decisions of the traffic stop. Most drivers instinctively comply, believing cooperation will help them. While the law requires you to exit the vehicle during a traffic stop, you do not need to comply with a request to perform field sobriety tests.  In reality, performing the field sobriety tests will end up with you doing the officer’s job for him — and setting yourself up for a DUI conviction.

Here is what you need to know about field sobriety tests (FSTs) in Virginia before you ever find yourself in that situation.

What Is a DUI Under Virginia Law?

Virginia Code § 18.2-266 makes it unlawful for any person to operate a motor vehicle while:

• Under the influence of alcohol;
• Under the influence of any narcotic drug or other self-administered intoxicant to a degree that impairs the person’s ability to drive safely;
• Under the combined influence of alcohol and drugs; or
• With a blood alcohol concentration (BAC) of 0.08% or more.

The statute also establishes BAC thresholds for commercial drivers (0.04%) and persons under 21 (0.02%). A conviction under § 18.2-266 is a Class 1 misdemeanor for a first offense, carrying potential jail time, fines, a license suspension, and mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP).

The critical phrase in the statute is under the influence — and this is exactly where field sobriety tests come into play. When officers lack a clear BAC reading, they use FSTs to build probable cause for an arrest and to gather evidence to establish impairment in court.

What Are Field Sobriety Tests?

Field sobriety tests are physical and cognitive exercises performed roadside at the officer’s request. The three tests standardized by the National Highway Traffic Safety Administration (NHTSA) are:

1. Horizontal Gaze Nystagmus (HGN) — The officer moves an object (a pen, finger, or light) horizontally in front of your eyes and watches for involuntary jerking movements of the eyeball. Alcohol can cause nystagmus, but so can fatigue, medications, and certain medical conditions.

2. Walk-and-Turn (WAT) — You are asked to walk nine steps heel-to-toe along a line, turn in a prescribed manner, and return. Officers observe for loss of balance, stepping off the line, improper turns, and miscounting steps.

3. One-Leg Stand (OLS) — You are asked to stand on one leg with the other raised approximately six inches off the ground for 30 seconds while counting aloud. Officers look for swaying, use of arms for balance, hopping, and putting the foot down.

Officers may also use non-standardized tests such as reciting the alphabet, counting backward, or the Rhomberg balance test — none of which have the same level of scientific validation as the NHTSA-approved tests.

Are Field Sobriety Tests Mandatory in Virginia?

No. Unlike the implied consent law that governs chemical testing (breathalyzer or blood draw after a lawful arrest), there is no Virginia statute that requires you to perform field sobriety tests. Virginia’s implied consent law, found at § 18.2-268.2, applies to post-arrest chemical tests — not to pre-arrest roadside exercises.

You have the right to politely decline field sobriety tests, and your refusal cannot be used as evidence against you in the same way that refusing a post-arrest breath test can.

Why You Should Think Twice Before Performing Field Sobriety Tests

1. The Tests Are Designed to Document Failure

Field sobriety tests are not pass/fail tests with a clear, objective score. They are structured observation tools designed to give officers a documented basis for an arrest. The officer is not looking for everything you do correctly — he is trained to note every perceived clue of impairment, whether it is a slight sway, looking down at your feet, or starting a step before the instruction is complete.

Even completely sober individuals frequently fail or perform poorly on FSTs. Research has shown that the tests produce false positives at significant rates, and sober subjects fail them more often than most people would expect.

2. Divided Attention Is the Point — Not a Fair Assessment

The WAT and OLS tests are specifically designed as “divided attention” tests. They require you to simultaneously follow instructions, maintain physical balance, and count or track numbers — all while standing on the side of a road at night, in potentially poor lighting, on an uneven surface, in front of a police cruiser with flashing lights, and under the stress of a law enforcement encounter.

The conditions under which you take the test are almost never the same conditions under which the tests were validated.

3. Medical Conditions and Medications Can Cause You to “Fail”

Inner ear disorders, prior knee, hip, or back injuries, neurological conditions, fatigue, certain over-the-counter medications, and even wearing dress shoes or heels can cause clues that officers interpret as signs of impairment. If you have any such condition, performing the tests may only hurt you.

4. Everything Is Being Recorded

In most Virginia jurisdictions, officers are equipped with dashcam and body camera systems. Every step you take — and every stumble, every pause, and every question you ask — is preserved on video and will be played for a judge or jury. Once those observations are on camera, they are very difficult to explain away.

5. The Tests Are Not the Only Factor — But They Become the Central Evidence

Officers frequently arrest on a combination of factors: odor of alcohol, bloodshot eyes, driving behavior, and FST performance. However, in many DUI prosecutions where the BAC result is close to or just above the legal limit, the FST evidence becomes critical to the Commonwealth’s case on the question of impairment. Why hand the prosecution its most compelling evidence?

What Should You Do During a DUI Stop in Virginia?

If you are pulled over and suspect that you may be investigated for DUI, here is practical guidance:

• Be polite and respectful. Rudeness will not help you and may be noted.
• Provide your license, registration, and insurance. These are legally required.
• Exercise your right to remain silent beyond providing identifying information. You are not required to answer questions like “How much have you had to drink tonight?” or “Where are you coming from?”
• Decline field sobriety tests politely. You can say something like: “Officer, I appreciate your time, but I’m not going to perform field sobriety tests.” You do not need to argue or explain further.
• Do not physically resist. If the officer places you under arrest, comply physically and invoke your right to counsel immediately.
• Understand the implied consent law. If you are lawfully arrested for DUI in Virginia, refusing the post-arrest breath or blood test carries its own consequences, including a separate civil charge and license suspension. That is a different decision — and one you should discuss with an attorney as quickly as possible.

What Happens After a DUI Arrest in Virginia?

A DUI charge under § 18.2-266 triggers a legal process that can have long-lasting consequences — criminal penalties, license suspension, increased insurance rates, and a permanent record. Virginia has enhanced penalties for higher BAC levels, prior offenses, and DUIs involving minors in the vehicle.

The good news is that a DUI charge is not the same as a conviction. An experienced Virginia DUI defense attorney can evaluate whether the stop was lawful, whether the officer was properly trained and followed NHTSA protocols in administering the FSTs, whether the testing conditions were appropriate, and whether the BAC evidence was properly obtained and preserved.

Contact Our Firm

If you or someone you know has been charged with DUI in the Hampton Roads or Williamsburg area, do not wait to get legal help. The decisions made in the first hours and days after an arrest can significantly affect the outcome of your case.

Our firm handles DUI defense throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Portsmouth, Newport News, Hampton, York County, James City County, and Williamsburg.

Contact our office today to discuss your specific situation and learn about your legal options.

This post is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures can change. If you have been charged with a criminal offense in Virginia, please consult with a qualified Virginia criminal defense attorney about the specific facts of your case.

The post Should You Perform Field Sobriety Tests in Virginia? appeared first on Attorneys of Goff Voltin.

If you’ve been charged with reckless driving in Virginia, you may be surprised to learn that it is not simply a traffic ticket. Under Virginia Code § 46.2-852, reckless driving is a criminal offense that can result in serious penalties and a permanent criminal record.

Many drivers assume they can simply pay a fine and move on. However, a reckless driving conviction can impact your driving privileges, insurance rates, employment opportunities, professional licenses, and future background checks.

This guide explains what Virginia’s general reckless driving statute means, how courts evaluate these charges, the penalties you may face, and why having an experienced criminal defense attorney on your side matters.

What Does Virginia Code § 46.2-852 Say?

Virginia’s general reckless driving statute states:

“Irrespective of the maximum speeds permitted by law, any person who drives a vehicle on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person shall be guilty of reckless driving.”

Although the statute is short, it is broad.

The phrase “irrespective of the maximum speeds permitted by law” is especially important because it means you can be charged with reckless driving even if you were not speeding.

The issue is not only how fast you were driving — it is whether your overall driving behavior created a danger to another person, vehicle, or property.

§ 46.2-852 Is Virginia’s “Catch-All” Reckless Driving Law

Virginia has multiple reckless driving offenses covering specific conduct, such as passing improperly, failing to signal, or reckless speeding.

Virginia Code § 46.2-852 serves as the broader catch-all reckless driving statute. It allows law enforcement to bring a charge when they believe a driver’s actions were dangerous, even if the conduct does not fit into another specific reckless driving category.

Common examples include:

• Aggressive lane changes or weaving through traffic
• Following another vehicle too closely at high speeds
• Losing control of a vehicle
• Running a red light or stop sign at dangerous speeds
• Causing an accident where the officer believes driving behavior was reckless
• Driving in a dangerous manner based on weather, traffic, or road conditions

Two drivers traveling at the same speed may be treated differently depending on the circumstances.

For example, driving 65 mph on a clear interstate is very different from driving 65 mph in heavy rain, fog, or near a school zone. Virginia’s reckless driving law considers the entire situation.

How Is § 46.2-852 Different From Reckless Driving by Speed?

Many people associate reckless driving only with excessive speed. However, Virginia has a separate law for reckless driving by speed under § 46.2-862.

Under that statute, a driver can automatically face reckless driving charges for:

• Driving 20 mph or more over the posted speed limit
• Driving over 85 mph regardless of the speed limit

Section § 46.2-852 works differently.

There is no specific speed requirement. Instead, the focus is on whether the driver’s actions were dangerous.

This difference matters because speed-based cases often involve evidence such as:

• Radar or LIDAR readings
• Speed calibration records
• GPS data

A § 46.2-852 charge often depends more on:

• Officer observations
• Witness statements
• Road conditions
• Traffic conditions
• The overall circumstances surrounding the incident

Reckless Driving Penalties in Virginia

Reckless driving under § 46.2-852 is a Class 1 misdemeanor, which is the highest level of misdemeanor under Virginia law.

Potential consequences include:

• Up to 12 months in jail
• Up to a $2,500 fine plus court costs
• Driver’s license suspension for up to 6 months
• Six DMV demerit points
• A permanent criminal record
• Increased insurance costs
• Professional or employment consequences

For many people, the biggest surprise is that reckless driving is a criminal charge — not simply a moving violation.

Reckless Driving and CDL Holders

Commercial drivers face additional risks.

A reckless driving conviction can affect a CDL holder’s ability to operate a commercial vehicle and may have serious career consequences.

Unlike some other drivers, CDL holders may face stricter restrictions and fewer options after a suspension.

For professional drivers, protecting their license can be just as important as defending the underlying charge.

How Virginia Courts Evaluate Reckless Driving Cases

Because § 46.2-852 is broad, courts consider the total circumstances surrounding the incident.

Factors that may influence a case include:

• Officer testimony
• Traffic conditions
• Weather and road conditions
• Visibility
• Presence of pedestrians or other vehicles
• Whether an accident occurred
• Driving history
• The specific behavior that led to the charge

Similar reckless driving cases can have different outcomes depending on the court, evidence presented, and how the facts are explained.

Possible Defenses to a Virginia Reckless Driving Charge

A reckless driving charge does not automatically mean a conviction.

Possible defense strategies may include:

Challenging Officer Observations

Because many § 46.2-852 cases rely heavily on officer observations, questions about distance, visibility, timing, and accuracy may become important.

Challenging Whether Driving Was Actually Dangerous

The Commonwealth must prove that the driving endangered life, limb, or property.

Simply making a mistake or being involved in an accident does not automatically establish reckless driving.

Presenting Mitigating Factors

Factors such as:

• A clean driving record
• Driver improvement courses
• Good character references
• Corrective actions

may help influence the outcome.

Negotiating a Reduction

In some cases, an attorney may negotiate a reduction to improper driving, which is a traffic infraction rather than a criminal offense.

Reckless Driving in Hampton Roads and Williamsburg

If you have been charged with reckless driving in Williamsburg, James City County, York County, or throughout Hampton Roads, local court experience matters.

General District Courts handle reckless driving cases, but each court and jurisdiction may approach these cases differently.

Roadways such as:

• Interstate 64
• Route 60
• Colonial Parkway

see frequent traffic enforcement activity in the region.

Whether your charge involves excessive speed, an accident, or alleged dangerous driving behavior, the legal consequences can be significant.

Frequently Asked Questions About Reckless Driving in Virginia

Can I be charged with reckless driving if I wasn’t speeding?

Yes. Under § 46.2-852, reckless driving is based on the manner of driving and whether it created danger — not only speed.

Is reckless driving a felony in Virginia?

Generally, no. Reckless driving under § 46.2-852 is usually a Class 1 misdemeanor. However, certain circumstances, such as causing a death, may result in felony charges.

Will reckless driving appear on a background check?

Yes. Because reckless driving is a criminal misdemeanor, it can appear on a Virginia criminal record.

Should I just pay the reckless driving ticket?

No. Paying the charge may result in a criminal conviction, points on your driving record, and long-term consequences. It is important to understand your options before entering a plea.

What is the difference between reckless driving and improper driving?

Improper driving is a traffic infraction, not a criminal offense. In some cases, a reckless driving charge may be reduced depending on the facts and circumstances.

Contact a Virginia Criminal Defense Attorney

A reckless driving charge under Virginia Code § 46.2-852 should be taken seriously.

If you have been charged in Williamsburg, James City County, York County, or the Hampton Roads area, our office can help you understand your options and develop a defense strategy.

Contact our office today to discuss your specific situation and learn about your legal options.

This article is intended for informational purposes only and does not constitute legal advice for any specific case.

The post Reckless Driving in Virginia: What You Need to Know About Your Charge appeared first on Attorneys of Goff Voltin.

On June 18, 2026, the U.S. Supreme Court issued a unanimous decision in United States v. Hemani, ruling that the federal government cannot automatically remove someone’s Second Amendment rights based solely on their admitted use of marijuana.

For Virginians, this decision is especially important. While Virginia allows possession of small amounts of marijuana under state law, marijuana remains illegal under federal law — creating a complicated legal gap for individuals who also own or possess firearms.

Below, we break down what happened in the case, what the Supreme Court decided, and what this ruling could mean for gun owners throughout Hampton Roads, Williamsburg, and across the Commonwealth.

What Happened in United States v. Hemani?

The case began in 2022 after federal agents searched the Texas home of Ali Danial Hemani during an unrelated investigation.

During the search, agents discovered a handgun, marijuana, and a small amount of cocaine. Hemani admitted that he used marijuana approximately every other day, but there was no evidence that he was under the influence when the firearm was found or that he had ever used the firearm in a dangerous manner.

Based on that admission, federal prosecutors charged Hemani under 18 U.S.C. § 922(g)(3) — a federal law that prohibits an “unlawful user” of a controlled substance from possessing a firearm.

Hemani challenged the charge, arguing that applying the law in his situation violated his Second Amendment rights. The trial court agreed and dismissed the indictment. The Fifth Circuit Court of Appeals later upheld that decision, leading the government to ask the Supreme Court to review the case.

The Supreme Court’s Decision

The Supreme Court ruled that the government went too far by automatically applying the firearm ban based only on marijuana use.

The Court relied on the historical-tradition test established in New York State Rifle & Pistol Association v. Bruen and further discussed in United States v. Rahimi, finding that historical firearm restrictions did not support permanently disarming someone simply because they used marijuana.

The Court determined that marijuana use alone does not automatically prove that someone is dangerous or that they should lose their constitutional right to possess a firearm.

However, the ruling was narrow.

The Supreme Court did not eliminate the federal firearm statute entirely. The law can still apply when there is evidence of intoxication, impairment, or dangerous conduct involving firearm possession.

Why This Matters for Virginia Gun Owners

Virginia’s marijuana laws and federal firearm laws have created confusion for years.

Although Virginia has reduced penalties surrounding personal marijuana possession, marijuana remains classified as a controlled substance under federal law.

Before this decision, an admission of regular marijuana use could potentially expose someone to serious federal firearm charges under § 922(g)(3).

Following United States v. Hemani, prosecutors may need more than a simple admission of marijuana use. They may need evidence connecting the drug use to actual impairment, dangerous behavior, or unlawful firearm possession circumstances.

For individuals facing federal firearm investigations, this ruling may provide additional arguments when challenging charges, negotiating resolutions, or seeking dismissal of certain cases.

What This Decision Does Not Change

While this ruling is significant, several important limitations remain.

The decision is fact-specific.

The Court’s ruling was based on the specific facts of Hemani’s case, including the lack of evidence that he was impaired or using the firearm dangerously.

Virginia firearm laws remain unchanged.

The decision addressed federal law only. It does not change Virginia firearm regulations or state-level restrictions.

Other firearm restrictions still apply.

The ruling does not impact other firearm prohibitions, including restrictions related to felony convictions, domestic violence protective orders, or other disqualifying circumstances.

Frequently Asked Questions

Does this mean marijuana users can now legally own guns?

Not automatically.

The Supreme Court did not remove the federal firearm restriction entirely. Instead, the ruling limits how the government can apply the law when marijuana use alone is the only factor.

Each case will depend on its specific facts.

Can someone still face federal charges for possessing a firearm while using marijuana in Virginia?

Yes.

The federal statute remains in place. What changed is that prosecutors may need additional evidence beyond simply proving marijuana use.

Does this affect Virginia concealed handgun permits?

No.

The decision focused on federal prosecution and does not directly change Virginia’s concealed handgun permitting process.

What should someone do if they are investigated for firearm and drug-related charges?

Before answering questions or consenting to searches, individuals should speak with an experienced criminal defense attorney.

Statements about drug use, firearm possession, or other circumstances can become important evidence in federal investigations.

Contact a Virginia Criminal Defense Attorney

If you are facing questions involving firearms, federal drug charges, or possible Second Amendment issues, our legal team can help explain your options and evaluate how this decision may apply to your situation.

Contact our office today to discuss your specific situation and learn about your legal options.

This article is intended for informational purposes only and does not constitute legal advice for any specific case.

The post Supreme Court Strikes Down Federal Gun Ban for Marijuana Users appeared first on Attorneys of Goff Voltin.