C. Van Hardenbergh
Virginia DUI Lawyer
- 540-462-3863
14 East Nelson St. Ste. 100
Lexington, VA 24450
Virginia DUI Laws Explained
- Virginia DUI Law Explained
- Virginia DUI Penalties
- Virginia DUI Court Process
- Virginia DUI Chemical Testing
Virginia DUI License and Driving Issues
- Virginia Implied Consent Law
- Virginia Administrative License Hearings
- Virginia Ignition Interlock Laws
Virginia Implied Consent SuspensionsUnder Virginia Drunk Driving Law, any person who operates a motor vehicle upon a road in Virginia is deemed to have given his/her consent to a chemical test of his breath, blood, or both breath and blood to determine their BAC. This is true even if you are driving in Virginia with an out of state driver's license. Because each person is deemed to have given his/her consent, failure to comply with an officer's request to provide a sample of your breath or blood is a separate crime with additional consequences.Under Virginia's Implied Consent law, when a person is arrested for DUI and refuses to submit to a chemical test, the arresting officer must advise the suspect that their refusal will be admissible as evidence against them in court and that an unreasonable refusal may constitute grounds for revocation of their driver's license. The officer will read these rights from a form that is to be shown to the DUI suspect containing the penalties for refusal. The penalties for refusal are listed below. Once a suspect refuses, the officer must fill out a form certifying, among other things, that a refusal took place. The form will be forwarded to a magistrate (judge) who will then issue a warrant for a charge of unreasonable refusal. The trial and appeal of the unreasonable refusal charge will be held in the county or city where the refusal took place, using the same process and procedures for any other misdemeanor charge. Penalties for refusing a chemical test under Virginia DUI LawA first offense refusal, the suspect's driver's license will be suspended by the court for a period of one year. There is no opportunity for a restricted license. Keep in mind that the refusal suspension is in addition to any suspension that may be imposed as a criminal penalty for the DUI charge.A second offense refusal within 10 years of a previous refusal or DUI conviction is a Class 2 misdemeanor with a suspension penalty of three years, in addition to any suspension that may be imposed as a criminal penalty for their DUI charge. There is also a $1,000 fine and a possibility of jail time of up to 6 months as a consequence of your refusal. Three refusals or convictions within 10 years is a Class 1 misdemeanor with a suspension penalty of three years as well, in addition to any suspension that may be imposed as a criminal penalty for their DUI charge. Class 1 misdemeanors carry a $2,500 fine and a possibility of jail time up to 1 year. If you have been arrested for DUI and you refused a chemical test, contact Michael Tillotson for a free case evaluation to find out what can be done to keep you on the road. |
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