Refusal to Take a Breath or Blood Test in Virginia

Get Immediate Help from Our Virginia Beach DUI Lawyer

If you have been arrested for a DUI in Virginia, obtaining legal representation from a criminal defense lawyer is your best bet to either get your charges reduced or have your case dismissed entirely. With more than 18 years of experience, our attorneys at The Law Offices of Daniel J. Miller understands what it takes to obtain the most favorable outcome possible for his clients.

What is Implied Consent?

Virginia law makes it mandatory for individuals to take a blood or breath test if he or she is arrested for a DUI. The “implied consent” law states that if you are lawfully arrested by a police officer who possesses probable cause to believe that you have been drunk or drugged driving, then you automatically consent to taking a chemical test of your blood, breath, or both to determine your blood alcohol content (BAC) or the presence of controlled substances.

You could also be required to participate in a preliminary breath test before you have been arrested. However, you do not have to take a preliminary test and your refusal cannot be used against you in court.

Once you are arrested, the police officer should tell you that if you refuse to take a chemical test, then the evidence of your refusal can be used against you in court and your license will automatically be suspended. A first-time refusal results in a license suspension of one year, while a second or subsequent offense results in a three-year license suspension.

Let Us Protect Your Rights Today

We understand how difficult it can be to conduct daily activities without the ability to drive your vehicle. Our Virginia Beach criminal lawyer can help you get your driving rights back, as well as determine whether or not police used proper testing protocol. Have an experienced and trustworthy attorney on your side immediately.

Contact us and request a free consultation.


The Right Attorney Makes All The Difference In The Outcome Of Your Case