Virginia Implied Consent
In Virginia, you can be arrested for drunk driving if you take a breath test and your blood alcohol content (BAC) is .08 percent or higher.
Did you know that you can also face penalties if you are pulled over on suspicion of DUI (driving under the influence) and refuse to submit to a chemical test?
This is due to implied consent. When you applied for your driver’s license, you were probably given a stack of papers to sign. In the fine print, you agreed that if you were pulled over during a traffic stop you would comply with the law enforcement agent’s requests. Part of the agreement is that, if asked by the officer, you would take a blood, breath, or urine test to determine if you are intoxicated. Anyone who has a driver has essentially agreed to implied consent.
While it is not against the law to politely decline to take a Breathalyzer test, you are still subject to penalties. Drivers who are pulled over for DUI and fail the breath test, or refuse to take it, will automatically be given an administrative license suspension for seven days. This suspension is separate from any driver’s license suspension you face in criminal court. You or your attorney can contest this suspension by filing a challenge in the district where you were arrested.
If your license is suspended, you can apply for a restricted license that will allow you to drive to school, work, or other necessary locations.
During the traffic stop, the officer may read the driver an implied consent notice and ask him or her to take a chemical test. A breath test may be performed at the scene or a detainment center, while a blood or urine test may only be performed at a medical facility or detainment center.
If you have recently been pulled over in Virginia, and refused to take a chemical test, you should hire an attorney to protect your rights. An attorney will challenge your license suspension and help fight any criminal charges you may face.
If you are interested in discussing your case with an experienced DUI defense attorney, please fill out our online form. An attorney will contact you shortly.
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