Chemical Test Refusal The Right Attorney Makes All The Difference

Refusal to Take a Breath or Blood Test in Virginia

Get Immediate Help from the Law Offices of Daniel J. Miller

If you have been arrested for a DUI in Virginia, obtaining legal representation from a lawyer is your best bet to either get your charges reduced or have your case dismissed entirely. 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 20 years of combined 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. This law is known as the “implied consent” law, and requires that anyone arrested by an officer who has probable cause to believe you have been driving under the influence of alcohol or drugs, must consent to a chemical blood test or breath test. The test will 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 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.

Every Client Matters

Your Rights Deserve to Be Protected
  • If you need a good lawyer in Virginia Beach this is the place to go.

    “If you need a good lawyer in Virginia Beach this is the place to go. Every one was extremely helpful and knowledgeable. I highly recommend them to help you and your family!”

    - Sky
  • The quality of work was also amazing and couldn't ask for anyone better.

    “Mr. Miller's law office was amazing with responding and keeping in touch. The quality of work was also amazing and couldn't ask for anyone better.”

    - Michael
  • This is the team you need.

    “I have had to use The Law Offices of Daniel J Miller a few times for custody battles in the past and recently. They will continue to be the most precise, honest, hardworking, and knowledgeable lawyers ...”

    - Client
  • Daniel and his team were thorough and top-notch start to finish!

    “Daniel and his team were thorough and top-notch start to finish! I would recommend and will use them if I need family law services in the future!”

    - Benjamin
  • I would recommend and use again for legal services.

    “Daniel and his team handled my divorce case and related professional and thorough. I would recommend and use again for legal services.”

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Case Results

A Track Record of Success
  • Obtaining a Protective Order – Virginia Beach Juvenile and Domestic Relations Court Domestic Violence

    Our client was seeking a protective order against her husband to obtain exclusive use and possession of the home and to require him to have no future hostile contact with her.

  • Underage Possession of Alcohol – Norfolk General District Court DUI

    Our client was alleged to have illegally possessed alcohol in the city of Norfolk.

  • Pre Litigation Defense – Rape - Virginia Beach General District Court Sex Crimes

    Our client was the respondent of a protective order wherein the petitioner alleged that she was raped.

  • Protective Order - Norfolk Juvenile and Domestic Relations Court Family Law

    Our client's estranged wife had filed a protective order to prohibit him from having contact with her to gain exclusive use and possession of the home and an upper hand in their divorce proceedings.

  • Bond Hearing – DUI 4th Offense - Virginia Beach Circuit Court DUI

    Our client was charged fourth offense driving under the influence.

  • Violation of Protective Order – Chesapeake Circuit Court - Appeal Domestic Violence

    Our client was under a protective order to have no hostile contact with his family.

  • Breaking and Entering with Intent to Commit Misdemeanor – Felony – Virginia Beach General District Court Felony Defense

    Our client was charged with breaking and entering with intent to commit a misdemeanor, but the Commonwealth agreed to dismiss the charge at the preliminary hearing stage against our client who suffered severe and debilitating mental illness.

  • Felony Third Offense Petty Larceny Virginia Beach General District Felony Defense

    We were successful in negotiating a reduction from a felony third offense petty larceny charge.

  • Appeal Possession of Marijuana - Chesapeake Circuit Court Drug Crimes

    Our client plead not guilty to a second offense possession of marijuana charge.

  • DUI Reduced to Reckless Driving – Isle of Wight General District Court DUI

    Our client was charged with driving under the influence of alcohol after officers arrived on a call for service in a church parking lot.

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Why Hire Us?

We Never Back Down
  • Personalized Attention for Each Client
  • A Proven Track Record of Results
  • Free Initial Case Consultation
  • Experienced & Knowledgeable Legal Advice
  • Invested in Your Case & Your Success

Contact Our Team

Your Rights Don't Wait. Neither Should You.
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