If you have been arrested for driving under the influence in Virginia, you will be taken back to the police station for a blood alcohol test. You may be wondering, "Is it within my rights to refuse to undergo such a test? And should I decline to take the test?"

The short answers are "yes" and "probably not."

The Pre-Test Advisory

Just before you are about to take a blood alcohol test, a police official will read you an advisory. This statement will inform you about your rights regarding the test and the consequences should you refuse.

At this point, it is critically important that you do your best to memorize exactly what is told to you.
This could help you with your DUI case. If your Virginia DUI lawyer determines that you were misled, misinformed, or threatened by the police official, or that the consequences of refusal were exaggerated, then key evidence in your case could be tossed out by a judge.

's Implied Consent Laws

In most cases, it is not a good idea to refuse to take a blood alcohol test.
This is because the state of Virginia has what is called an "implied consent" law. This means that by accepting your driving privileges in the state of Virginia, you imply that you will consent to taking any blood alcohol tests that are asked of you.

Therefore, refusing tests under "implied consent" circumstances often results in your license being suspended for a longer period of time. Also, this refusal could be brought up at trial, where it may paint you in a negative light.

For more information on Virginia DUI arrests, visit our library.

Virginia DUI attorney Bob Battle aggressively defends those charged with a Virginia DUI. For proven legal help with your Virginia DUI case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

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joe s 05/19/2011 07:10 PM
I refused a bac test because I felt the police that were performing the test would not correctly perform the test. I was not pulled over by the state police but the cops were called because of odor coming from my vehicle at a military installation entry gate. Not denying that I had been drinking but that i had properly waited enough time for the alcohol to pass through. meaning i waited enough hours for each beer i drank. is this a bad reason to deny the test and is it goin to be held against me?
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