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Implied Consent Law in a Virginia DUI (Part B)

Why wasn't I informed of Virginia's implied consent law?

Chances are that you were informed of the law, but it was hidden within the fine print when you applied for your driver's license. However, if you are arrested for driving under the influence in Virginia, the officer will read you a notice of Virginia's implied consent law. The officer may then request that you take a breath or blood test to determine your Blood Alcohol Content (BAC) level.

Police are instructed to use the Intoxilyzer 5000, a large breath testing device, after a DUI arrest. If this device is unavailable, you will then be asked to submit to a blood test. The consequences for refusing a breath test at this point in your arrest are the same as refusing a blood test.

Consequences of "Unreasonably" Refusing a Chemical Test

If you refuse to submit to a blood or breath test after your Virginia DUI arrest, you will be subject to serious consequences above and beyond your Virginia DUI charges. For a first refusal this includes: 

  • Driver's license suspension for 1 year
  • Inability to receive restricted driver's license during this time 

For a second refusal within 10 years of the first refusal or DUI conviction:

  • Class 2 misdemeanor
  • Driver's license suspension for 3 years (in addition to penalties for your DUI charge)
  • $1,000 fine
  • Possibility of up to 6 months in jail 

For a third refusal or conviction within 10 years:

  • Class 1 misdemeanor
  • Driver's license suspension for 3 years (in addition to penalties for your DUI charge)
  • $2,500 fine
  • Possibility of up to 1 year in jail 

How can a Virginia DUI attorney help me win my case?

A Virginia DUI involves legal issues that most people don't understand. That is why it takes an expert DUI attorney to beat a Virginia DUI charge. If you have been arrested for a Virginia DUI you can contact an attorney for a professional assessment of your charges. 

Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to 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