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Can Pleading the Fifth After a Virginia DUI Arrest Help My Case? (Part B)

Can I plea the Fifth in regards to DNA tests and fingerprinting?

The Fifth Amendment extends only to testimonial self-incrimination. It does not protect you against providing real or physical evidence such as fingerprints or blood or urine samples. You must submit to reasonable requests for real or physical evidence when they are requested in a criminal case.

What about Blood Alcohol Content (BAC) tests?

In Virginia, when you are arrested for suspicion of DUI, you will be asked to take a BAC test. This can be a breathalyzer test or a blood test at the police station or medical facility. In Virginia, you cannot plea the Fifth Amendment with regard to BAC tests. Refusing to take a BAC test will result in a 1 year license suspension. The reason for this is because of Virginia's implied consent law.

Many attorneys see this as a violation of the Fifth Amendment. While the amendment protects us against providing self-incriminating evidence, Virginia's implied consent law makes BAC tests mandatory. It presents a legal challenge to our Fifth Amendment rights.

If you have had your license suspended for refusing to take a BAC test, you may want to get the professional help of a Virginia DUI attorney. 

So what rights do I have in a Virginia DUI?

Your rights in a Virginia DUI are the same as in any criminal case. After your arrest, your immediate rights are known as your Miranda Rights. These rights are also based on the Fifth Amendment to the U.S. Constitution. They include the right to remain silent and the right to an attorney, because anything you say can be used against you in a court of law.

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