LawSmart.com

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.

Other Virginia Drunk Driving Defense FAQs

Q: What Is The Difference Between Dwi And Dui?
A: Driving while intoxicated (DWI) and driving under the influence (DUI) in some states are separate offenses. Generally, DWI is the more serious offense involving a … More
Q: What Is The Definition Of Dui?
A: DUI, set forth in Section 18.2266 of the Virginia code, states that it is unlawful for any person to drive or operate any motor vehicle, "[w]hile such person has … More
Q: How Can The Case Be Proven?
A: Generally, prosecutors prove a DUI case under three methods. The first and easiest method for the Prosecutor to convict a person is by showing … More
Q: What Is The Punishment For Drunk Driving?
A: In Virginia, a DUI is a Class 1 misdemeanor. The maximum punishment for a first offense is a $2,500 fine, one year in jail, and the loss of one's driving privileges … More
Q: What Are The Penalties For Subsequent Offenses?
A: The Virginia Code also sets forth a number of more severe punishments for second and third offenses. Second offenses, upon conviction, result in a mandatory jail … More
Q: What Do Police Officers Look For While Searching For Drunk Drivers On The Highway?
A: According to research by the National Highway Traffic Administration, police officers look for drunk drivers based on the following: making a wide radius turn; … More
Q: What If The Police Officer Failed To Read Me My Rights?
A: There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to … More
Q: After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?
A: Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a … More
Q: Do I Have A Choice Of Blood Alcohol Level Tests?
A: At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is … More
Q: Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?
A: Recently, Virginia began suspending DUI suspect's licenses for 7 days following their initial arrest. When this law first went into effect, there were many legal … More