Virginia DUI Law: Refusing Blood and Breath Tests

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.

Related: Virginia Beach Man, John Paul Kotara, Charged With DUI After Collision With Police Vehicle

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.

Related: Manassas Man Charged with DUI, Among Various Offenses, in Manassas|Virginia DUI Attorney

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.