Refusing a breathalyzer test in Virginia

Drinking and driving is a hot-button issue in Virginia.  If you are caught driving while intoxicated, some police officers and judges will treat you like you have the plague, mainly because they don’t want to appear soft on drunken drivers.

If you find yourself facing a DUI charge, you might have some questions about Virginia’s DUI laws.  One thing not all drivers realize is that Virginia is one of the states with an implied consent law.

In states with an implied consent law, you agree to be tested (i.e. blood, breath, urine) for alcohol or other drugs every time you operate a motor vehicle.  It doesn’t matter where your home state is or where driver’s license is from – you are required by law to submit to a breathalyzer, urine or blood test if you drive on Virginia roads.

Some drivers, when stopped under suspicion of driving while intoxicated, refuse to take a breathalyzer test, thinking they’ll be off the hook if the officer can’t prove that they are drunk.  Unfortunately, this isn’t the case.

If you refuse a breathalyzer test, you could face the following consequences:

• Points on your driving record
• Loss of your license
• A misdemeanor charge
• Loss of your license for three years if you refuse a breathalyzer and have a previous DUI conviction

Not only that, but the police can still get a warrant to test your blood for alcohol or drugs.

Need to talk to an attorney about a DUI case?  Please contact the skilled and experienced lawyers at Tavss Fletcher today.