Do I Have to Take the BAC Test? | Manassas DUI Attorney
Yes.
Simple question, right? Of course you are free to refuse the test. But it’s usually in your best interest to just take it.
In Virginia, the rule is called “Implied Consent.” When you sign the agreement to get your driver’s license, you are agreeing to take either a blood or breath (you don’t get to choose) test if you are suspected of DUI. Virginia Code requires that the test be taken within three hours of the offense.
§ 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood.
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
It goes on from there. Read the rest here.
To refuse the test (regardless of whether you are later charged with DWI/DUI) is in itself a misdemeanor and your license will be suspended for one year, without any opportunity for a restricted license.
Keep in mind, all this is happening on top of any punishment given as a result of the DUI charge.
A DUI is a serious charge. Unlike most of what we deal with on this blog (exception: reckless driving) it is a CRIMINAL charge. It can be complicated enough to deal with the 4 things a prosecutor must prove in order to convict someone without also having to deal with misdemeanor charges and consequences as well.
The number one way to avoid a DUI is to avoid driving when you’ve been drinking.
But everyone makes mistakes. If you haven’t been preemptive, an experienced attorney can make a big difference in your case. Contact the Parrish Law Firm for a free initial consultation.
Related posts:
- DWI/DUI–Why are the Penalties so Severe in Virginia?
- DWI /DUI Laws – Know Them and Drink Responsibly
- Virginia DWI Laws – Know Them and Drink Responsibly
- Intoxilyzer Breath Machine is Inaccurate!
- License Suspension, Virginia Alcohol Safety Action Program, Ignition Interlock and more – Welcome to the Aftermath of DWI/DUI in Virginia!
