Do I Have To Take A Breath Test Or Any Other Chemical Test?

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Do I Have To Take A Breath Test Or Any Other Chemical Test?

Simply stated, no. The United States Constitution provides that a person shall not be required to incriminate themselves. Therefore, you have no obligation to give the police any evidence that can or will be used against you. However, the "implied consent law" in Virginia states that, as a condition being given the privilege to drive in Virginia, you are required to take a chemical test if there is probable cause to believe that you were driving under the influence of alcohol or drugs. Thus, if a suspect refuses the chemical test, and the refusal is "unreasonable," the suspect will lose his driving privileges in Virginia for the civil offense of "Refusing to Submit." At the trial, the person will usually be charged with both DUI and Refusal to Submit. The prosecutor will have to prove the DUI without the use of the chemical evidence (albeit, they can tell the judge or jury that the reason they do not have the chemical evidence is that the defendant refused). This obviously is an advantage for the defendant. However, the defendant will be faced with the probable loss of his driving privileges for one year. The Courts do not give restricted driving privileges in Refusal cases.

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