Refusal to Take a Breath or Blood Test in Virginia
Get Immediate Help from a Lawyer – (757) 267-4949
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 over 25 years of combined experience, our attorneys at The Law Offices of Daniel J. Miller understand what it takes to obtain the most favorable outcome possible for their clients. Find out how we can help!
Contact us online or call (757) 267-4949 today to schedule an initial consultation!
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 – (757) 267-4949
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 consultation. Call (757) 267-4949 today!
Read Our Client Testimonials
At The Law Offices of Daniel J. Miller, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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- R. Wiseman
Got a referral from a friend. "Call this guy I heard he's good." With much skepticism I called.
Dan did an excellent job for me. You will notice immediately he is smart, decisive, no nonsense and many more great qualities you want in a lawyer. It took very little time to see I just hired one of the best lawyers I've ever met.Professionally speaking, If you want somebody to tell you all the wonderful things that make you feel all fuzzy and warm its not Dan in my opinion.
However, if you want a highly intelligent, brutally honest, focused, driven lawyer that will shoot straight every time AND go the extra mile to make sure no rock is left unturned... Dan is the man!
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Mr. Miller is phenomenal. You can sense that he genuinely care about your case. He realizes how much a case can impact a person for the rest of their lives and will try to do anything from his knowledge, experience, and will power to help you get the best results. Words can not describe how I am so pleased to have gone through with my case with Mr. Miller. I will never forget him and I will recommend anyone to him.- Client
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- B. Baby
Call Dan Miller now - you need look no further for the best divorce attorney in Hampton Roads. Divorce is not an easy situation but it is even worse if you do not have good representation.
I was in the midst of a divorce and my case was with a firm that was not representing me fairly and not answering my questions. I was at a loss and dreaded going to court. Then a friend told me of Dan Miller. I wish I had found this firm in the beginning! From the first hour of turning my case over to this office I stopped worrying. I knew I had made the right choice and my case was in good hands. Dan Miller was professional, and he fought for me and I was very happy with the way he handled my case. I would highly recommend him to anyone!
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Mr. Miller and his team worked diligently on my case and I am forever truly greatly. It was a long process but with prayer and fasting, I had faith in Mr. Miller and his team to get the results that I prayed for. They were straight forward and very patient at the same time. My husband is the one who search for lawyers/attorneys and Mr. Miller was the first and only choice. I can't say enough how grateful I am for all your hard work and fight that you did behind the scenes. God bless you Mr. Miller and your whole team.- M. Sellers
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I was very nervous when I had to go to court over a traffic accident I was recently involved in. Dan put me at ease almost immediately with his knowledge and tenacity. By the time Dan was finished questioning the other people involved in the accident I did not even have to testify (which was the major source of my nervousness). My innocence was clear to everyone in the room, thanks to Dan. Would definitely use him again and recommend him to others. Aside from his performance during the hearing he was very easy to contact and always kept appointments with me. He also answered all of my questions patiently and with understanding.- Client
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