Virginia has strict implied consent laws that require drivers to submit to a chemical test if suspected of driving under the influence (DUI). These laws are part of Virginia’s efforts to reduce impaired driving and make roads safer for everyone. It is important that all drivers understand these types of laws so that they know their rights and responsibilities if they are ever pulled over by law enforcement.
Our legal team at Andrew J. Cornick, Attorney at Law is spelling out what the law entails, what the limitations are, and what the potential penalties could be if you violate Virginia’s implied consent laws.
While every state has some form of implied consent law, they can vary in practice. Under Article 2 of the Code of Virginia §18.2 – 268.2 subsection A,
“Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway…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 § 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.”
If you refuse to submit to one of these chemical tests within three hours of the arrest, you could face administrative or even legal consequences.
Are There Limitations to Implied Consent Laws?
While these laws were constructed to be used as a tool for law enforcement to prove impairment, there are limitations. These include:
Law enforcement must have probable cause, or reasonable grounds, in order to arrest you for intoxication while operating a motor vehicle.
You are only required to submit to a BAC test if you are legally arrested under suspicion of drunk driving or driving while intoxicated.
You must be on a public highway for implied consent to apply.
You are entitled to observe the administration of the test as well as receive a copy of the results if a printout is produced.
Can I Refuse the Breathalyzer Test?
It’s important to know that you are allowed to refuse a roadside (or pre-arrest) handheld breath test without additional penalties—particularly if no arrest has been made first. However, you cannot refuse an evidence-grade test after valid arrest without suffering penalties. Doing so will require you to fill out a Declaration and Acknowledgement of Refusal form which will be used in court.
Are there Penalties for Refusing the Test?
Penalties for violating implied consent laws will vary depending on your history of offenses. Often, first refusals are considered civil offenses and are accompanied by administrative penalties that can include a one-year license suspension. However, if you deny a breathalyzer test a second time, it could be classified as a Class 1 misdemeanor—punishable by fines of up to $2,500 and a year of jail time, as well as the revocation of your license for a period of time. This is often in addition to criminal charges that are associated with the DUI offense.
You Don’t Have to Face Traffic Violations Alone
DUI cases in conjunction with implied consent violations can be complex to navigate, but there is still hope. Our Fredericksburg DUI attorney, Andrew J. Cornick has experience crafting strong defenses for a variety of DUI cases and can provide the comprehensive legal guidance you deserve.
Call our legal team today at (540) 386-0204 or reach out online to schedule a free case consultation.