Refusal to Take a Breath or Blood Test in Virginia
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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. Find out how we can help!
What Happens if You Refuse a Breathalyzer or Blood Test?
- Immediately upon refusal to take a breath test for the first time, a driver's license is automatically suspended for seven days.
- For a second refusal, or for a refusal following a prior DUI conviction, a driver's license is automatically suspended for 60 days or until trial.
- In the event that an individual refuses a third breath test, or refuses such a test following two DUI convictions, that driver's license is suspended until trial.
License suspension is just the initial penalty, though, imposed automatically for refusing to submit to a blood or breath test. A person actually convicted of failing to submit to a test with no prior record of drunk driving or refusal will lose his or her license for one year. With a prior offense, the penalty is increased to a 3-year suspension. During this suspension period the driver is not eligible for a restricted driver's license.
These penalties are in addition to any separate penalties that may be imposed for a DUI conviction. The refusal to submit to a breath test does not preclude a conviction for drunk driving.
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) 517-2942
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.
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Driving Under the Influence 4th Offense– Bond Hearing DUI
Our client was charged with fourth offense driving under the influence. Based upon his age and pre-existing health conditions, we were able to show that jail was an unsafe place. Our client was released on house arrest conditioned upon his wearing SCRAM bracelet which tracks his location and ensures that he does not consume alcohol.
Driving Under the Influence DUI
Our client was charged with driving under the influence after officers answered a call for service in a church parking lot. Eyewitnesses were able to testify as to the time of operation and identify the driver. Officers testified that they smelled alcohol coming from our client, that he was unsteady on his feet, and that he had not done well on his field sobriety tests. Video evidence secured from the church and bodycam footage did not support the testimony. The DUI charge was reduced to reckless driving.
Driving Under the Influence DUI
Our client was charged with driving under the influence after a concerned citizen called the police to report unusual driving behaviors. Even though the behavior was odd, it did not amount to criminal activity. The charge was dismissed on a motion to strike.
Driving Under the Influence 3rd Offense DUI
Our client plead not guilty to a felony count of driving under the influence third offense. Based upon a totality of the circumstances, the failure to prove circumstantially that our client was impaired by the use of alcohol as alleged the charge was reduced to reckless driving with a $250 fine.
ASAP Violation DUI
Our client was charged with violating the terms of ASAP by failing to complete all the required classes. Our client had moved out of state and had completed some classes but not at the direction of her ASAP advisor. The court found that based upon evidence provided and argument presented that our client had substantially complied and the charge was dismissed.
No Time Served Suspended License
Our client driving on a suspended license, this was his 5th offense.
All Charges Dismissed Suspended License
Our client was charged with driving on a suspended license.
Reduced to Standard DUI Offense Driving Under the Influence
Our client was charged with driving under the influence 2nd offense with a blood alcohol content of .23 which carried a mandatory minimum amount of thirty days in jail and an assault and battery of a law enforcement officer which carries a mandatory minimum of 6 months in jail.
Case Dismissed Driving Under the Influence
Our client was charged with driving under the influence second offense - accident with a blood alcohol content of .18.
Case Dismissed Boating Under the Influence
Our client was charged with boating under the influence when his Jet Ski was apprehended based upon beach life guard's phone call.