What is Virginia’s Implied Consent Law?
The Virginia implied consent law obligates motorists to submit to breath and blood testing to test for alcohol or drug impairment. All licensed drivers operating on the roadways must impliedly consent to this testing, or face penalties for the refusal to do so. This law applies to anyone traveling on most Virginia roadways, including out-of-state drivers simply passing through.
Our Manassas criminal defense lawyers at Battlefield Law Group PLLC understand the complexities of Virginia’s implied consent law and how to defend your rights. We thoroughly analyze your case to find the best possible defense to your DUI charges. Schedule a consultation to learn more about how we can help in your case.
What Is the Implied Consent Law?
Under Virginia Code § 18.2-268.2, the state’s implied consent law stipulates that by driving on public roads, every driver consents to breath and blood testing if lawfully arrested. This testing, typically conducted at the police station, jail, or another designated area, is used to measure the levels of alcohol, drugs, or other intoxicating substances in your blood to determine if you were impaired while driving.
Refusing to undergo these tests can significantly affect your rights, leading to mandatory penalties and the suspension of your driver’s license. However, for any evidence obtained from these tests to be valid, law enforcement officers must adhere strictly to the implied consent law. Failure to do so could invalidate the results and the evidence against you.
Can I Refuse to Take the Test?
You are allowed to refuse the test, but there could be penalties for doing so. The first test you likely think of is the roadside breathalyzer test. However, this roadside breath test is not subject to the implied consent law, and is used by law enforcement to help gather probable cause for an arrest. You may refuse to take the roadside breath test without violating the implied consent law.
You are also allowed to refuse to take the breath or blood test at the station, but this comes with penalties. Choosing whether to refuse the test at the station is up to you, but you should understand that you may still be convicted of a DUI. Your refusal may be used against you as evidence of intoxication, along with the other evidence the prosecutor has. However, refusal does not automatically mean you will be convicted of a DUI.
Penalties for Blood or Breath Test Refusal in Virginia
The penalties you face will depend on several factors. The primary factor is whether this is your first refusal violation or whether you have any previous refusals.
First Refusal and Offense
Code of Virginia § 18.2-268.3 details the penalties for refusing to undergo a breathalyzer or blood test, referred to as both breath and chemical tests. A first offense under this law can lead to a driver’s license suspension of up to one year. However, 30 days after the date of conviction, the offender may petition the court for a restricted license, which the court may grant if there is good cause.
Further Refusals Within a 10-Year Period
If an individual has been charged with refusing a breathalyzer test within the past ten years and is charged with refusal again, they face more severe penalties. The offense is now classified as a Class 1 misdemeanor. The driver’s license suspension period increases to three years, they may be sentenced to up to one year in jail, and they could be fined up to $2,500.
Fight Back Against Implied Consent Refusal Allegations in Virginia
Knowing your rights is a powerful tool and so is a skilled criminal defense attorney. Our team has decades of experience defending against implied consent and DUI allegations in court. At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are here for you. Contact us today for a free consultation of your case.