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
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