Motorists throughout Fairfax Virginia are arrested daily for drunk driving, and DUI laws are written to protect those who are not driving under the influence of drugs or alcohol. Making the defense of an accused drunk driver that much more difficult, without the introduction of the breathalyzer.
Virginia laws states that driving with a blood alcohol content of .08 or greater is ground for a citation for driving under the influence, or a DUI. The law states the BAC must be confirmed by a breath test, commonly known as a breathalyzer test. When an officer asks a suspected drunk driver in Northern Virginia to take a breathalyzer test, refusal is not expected. When a suspected drunk driver does in fact refuse the breathalyzer test, it does not typically turn out as expected for the motorist.
Just because the driver refuses to take a breathalyzer does not mean the officer and eventually the prosecutor will not have grounds for a drunken driving conviction, it simply makes the circumstances more contentious for everyone involved. Typically, suspects are not required to incriminate themselves, but in the case of DUI citations, this is not the case.
Virginia is an implied consent state, which means that when a person applies for and is granted a driver’s license; they are giving their consent to follow the orders and directions of all law enforcement officials. So, if a person is stopped in Fairfax County VA for suspected driving under the influence, and then refuses to comply with the officer’s request for a breathalyzer test, you are acting in a manner that can result in additional criminal charges.
When refusing a breathalyzer test when suspected of a DUI in Northern Virginia, the driver is subject himself to an immediate suspension of his driver’s license for one year. If this should happen a second time, the driver’s license suspension is likely to be extended to three years, with additional jail time and fines assessed as well.
For more information on Fairfax Virginia DUI laws and DUI attorneys in Virginia, contact the DUI lawyers at Boone Beale to protect your rights and protect yourself.
Virginia Legal Service Areas
- Fairfax County
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- Prince William County
- Loudoun County
- City of Alexandria
- Henrico County
- Chesterfield County
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