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What Do Attorneys Have Against Virginia’s Implied Consent Law?

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According to Virginia's implied consent law, anyone who has a driver's license may be subjected to a Blood Alcohol Content (BAC) test after a DUI arrest. This means that if you are arrested for DUI in Virginia, you must take a BAC test when an officer requests that you do so. If you refuse to do so, then your license will be suspended for 1 year.

This not only applies to citizens of Virginia, but to anyone who operates a motor vehicle on highways within the state.

Many attorneys have argued that this violates our constitutional rights. The Fifth Amendment to the U.S. Constitution states that no person shall be compelled to act as a witness against themselves. But a mandatory test does compel you to act as witness against yourself. And if an outright refusal results in punishment, then either way you may suffer consequences. This presents a dilemma to the basic freedoms which the Constitution provides.

In many cases attorneys have argued against Virginia's implied consent law. This may have an impact on your Virginia DUI. If you have had your license suspended for refusing a BAC test, you may want to get the expert help of a DUI attorney.

According to Virginia’s implied consent law, anyone who has a driver’s license may be subjected to a Blood Alcohol Content (BAC) test after a DUI arrest. This means that if you are arrested for DUI in Virginia, you must take a BAC test when an officer requests that you do so. If you refuse to do so, then your license will be suspended for 1 year. Implied Consent Law in a Virginia DUI.

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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