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Virginia DUI Law: Refusing Blood and Breath Tests

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Virginia DUI cases can be determined based on breath or blood tests. In Virginia, refusing a breath or blood test can have serious consequences under the Virginia Implied Consent section.

Implied Consent

Virginia’s “implied consent” law dictates that if an officer lawfully arrests you with probable cause for driving under the influence, then you consent to take a chemical test of your blood, breath, or both to determine your blood alcohol content (BAC). The test typically must be taken within three hours of the driving or operating of a motor vehicle related to the arrest.

Refusing to Take the Test

Should you refuse to take a chemical test after getting arrested, it will be used against you in court and your license will be suspended for a period of time determined by the severity of the particular charge. For example, a person’s first refusal is not considered a crime; however, his/her license will be suspended for a year. A second refusal counts as a misdemeanor, and will result in a suspension for three years.

If you have been arrested on a DUI charge, you need an experienced attorney on your side. Parrish Law Firm, PLLC works on DWI/DUI cases to achieve the most favorable outcome under the circumstances. For a free consultation, call us today at 703-906-4229, or fill out a free case consultation form.

Call or Text 571-229-1800 or Complete a Free Case Evaluation form

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    01 How Soon Should I Contact a Lawyer After an Accident?
    Contacting a lawyer immediately after an accident is crucial to protect your legal rights, preserve evidence, and avoid missing deadlines that could impact your case.
    02 Should I Avoid Talking to Insurance Adjusters?
    It's wise to avoid speaking with insurance adjusters without consulting an attorney first, as they may use the information against you to minimize your compensation or reject your claim entirely.
    03 What if the Other Driver is Lying About the Accident?
    Gathering evidence like witness statements and photographs will help prove your side of the story. The best way to fight a false narrative by the at-fault driver is with facts that prove the truth.
    04 What Happens to My Lost Wages?
    If you can't work because of an injury from someone else's negligence, you may be entitled to compensation for lost wages, benefits, and bonuses. An attorney can help you pursue that compensation through negotiations or litigation.
    05 How is Parrish Law Firm Different?
    Founding partner James R. Parrish knows the best strategies for fighting for fair compensation from insurance companies because he used to represent the insurancers in personal injury cases. A background of working on the other side of personal injury claims gives him the insider knowledge necessary to take on these deep-pocketed companies.
    06 How Long Do I Have to Settle My Case?
    There is no strict time limit on settling a personal injury claim. However, there are restrictions on the amount of time you have to file a lawsuit. In Virginia, you must file your personal injury lawsuit within two years of the date of the accident. The time it takes to settle a case depends on the circumstances surrounding the accident and the motivations of both parties. These cases can last from a few months to several years.