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Virginia DUI Law: Refusing Blood and Breath Tests

January 30, 2013 by The Parrish Law Firm

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.

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