Failure to Comply With BAC Testing

In Virginia, anytime people have a blood alcohol concentration of 0.08% or higher, they can be charged with driving under the influence (DUI).  If convicted, people stand to face jail time, hefty fines and driver’s license revocation.  However, what many people do not know is that in Virginia, breath tests are not mandatory.  This means that if a police officer asks a person to take a breath test, the person has the legal right to say “no”.

Implied Consent Refusal

Even though people can refuse to take breath tests in Virginia, it is important that they know that if they refuse chemical testing, they will face legal penalties, such as driver’s license suspension.  This is due to the state’s implied consent laws.  When people obtain driver’s licenses in Virginia, they sign several pieces of paperwork.  One of papers people must sign clearly states that if people are pulled over by police officers, they will comply with requests officers make, including requests for blood alcohol testing.  By signing this paper, drivers give their implied consent, whether they know it or not.  This means that if they choose to decline breath or blood tests, they will face consequences. 

Working with a Fairfax DUI Attorney

People who have had their driver’s licenses suspended due to the state’s implied consent laws should consider discussing their legal options and rights with a knowledgeable Virginia DUI lawyer, like Attorney Scott C. Nolan.  In the recent past, Attorney Nolan has helped many of his clients appeal the suspensions placed on their driver’s licenses.  He has a track record of success when it comes to helping people get their driver’s licenses reinstated. 

If you are facing license suspension due to an alleged refusal of a breath test or blood test, contact a Fairfax DUI attorney at the Law Offices of Scott C. Nolan today.