Virginia Breath Test Refusal
If you are pulled over on suspicion of drinking and driving, you might think it would be in your best interest to decide not to take a breathalyzer test. However, this is not true. If you refuse to take a breath test that is needed to determine your blood alcohol content (BAC), you will face serious penalties which do not include those that you may also face if you are convicted of driving under the influence (DUI).
To avoid the penalties associated with a breath test refusal, you should consult with an experienced DUI defense lawyer. A good lawyer will have your DUI charges minimized or even dropped altogether.
Why will I be penalized for refusing to take a breath test?
In Virginia, there is an “implied consent” law. When you received your driver’s license, you probably signed a stack of papers. In the fine print, it states that if you are pulled over for a traffic stop, you will comply with the police officer’s requests. This applies to taking tests used to determine whether or not you are intoxicated.
When you refuse to take a breath test, your license will be automatically suspended. Known as an administrative license suspension, this is separate from any driver’s license suspension you may face in court. This suspension will last for seven days for a first offense – the same as if you took the test and failed!
If convicted of breath test refusal, on the first offense, your driver’s license will be suspended for 1 year. For a second breath test refusal, your license’s suspension will last for 3 years. You could also face up to 6 months in jail and a fine of $1,000. The penalties for a third offense are far more serious. Your license will be suspended for 3 years and you may be sentenced to 12 months in jail. You will also face a $2,500 fine.
If you were recently pulled over in Virginia and declined to take a breath test, you should hire a DUI lawyer to ensure that your rights are upheld. Tillotson Matney Law Offices can help. Our attorneys are the experts when it comes to DUI law in Virginia. We will take the time to evaluate your case and explain which defenses we can use to help win your case.
Contact us today for a free case consultation.
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