If you are pulled over for driving under the influence (DUI), the law of Virginia requires you to take a Breathalyzer test. In the law of Virginia, the drivers are believed to have already agreed to cooperate with the police officers for the testing of their breath to check the presence of alcohol if they ever get arrested for driving under the influence (DUI). In other words acknowledged as implied consent statue of Virginia, every person intend to drive after alcohol consumption must be aware of what are the consequences of refusal of Breathalyzer test in Virginia?
Breathalyzer Test in Virginia
The Breathalyzer test in Virginia is a test of breath, which is conducted if a driver has been arrested for driving under the influence (DUI). The basic intent of a Breathalyzer test is to analyze the blood alcohol content (BAC) of the driver. A BAC reading of a driver above .08 postulates that person has been driving under the influence of alcohol resulting in the offense under the code 18.2-269(A)(3). If the BAC readings comes out to be above .15, then it leads to a compulsory minimum active duration of imprisonment and fines. If you get convicted consequently for a second time and that too with higher BAC readings than the minimum penalties would essentially increase.
The Consequences of Refusal of Breathalyzer Test in Virginia
If you have been arrested for DUI, it is important for you to know what are the consequences of refusal of Breathalyzer test. First of all your refusal would be used as an evidence against you in the court and your driving license would be suspended right away. Another consequence of refusal of Breathalyzer test in Virginia is that your refusal would be considered as a separate charge from a primary DUI offense. The consequences of the first refusal of Breathalyzer test in Virginia leads to the suspension of driving license for 12 months, however it would not be added up as your criminal record. The consequences of refusal of Breathalyzer test in Virginia for a second time within a period of ten years would be considered as a criminal offense under the law of Virginia, which could result into a punishment of suspension of driving license for a period of 36 months. It would also be added up as your criminal record.
In addition to the above mentioned penalties, the officer would call for an administrative suspension of your driving license as a consequence of your refusal to the Breathalyzer test. The duration of this suspension could range from a period of a week to two months subject to your previous convictions for DUI or refusals. The administrative suspension does not includes the 12 months or 36 months suspension and would be served in addition to this penalty imposed by the court as a consequence of refusal of Breathalyzer test. Also remember that refusal of Breathalyzer test would not save you from conviction. If you have been arrested for a charge of DUI in Virginia, our experienced lawyers at SRIS Law Group, P.C. are here to provide you with all the legal support.
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