Implied Consent Law in Virginia – What This Means?

Randall Page

If you are driving a vehicle and law enforcement authorities suspect you are intoxicated, there is a good chance that they are going to require you to undergo various field sobriety tests. If officers make an arrest for DUI, the implied consent law in Virginia requires that a driver provide a blood or breath sample. Here, we want to discuss Virginia’s implied consent law. What does this law require on the part of the driver, and what can you do if you have been arrested for DUI and refused to submit to a breath or blood test?

What does implied consent mean in Virginia?

The implied consent law in Virginia requires that any driver across the Commonwealth submit to a breath or blood sample following an arrest for DUI (Va. Code §18.2-268.2). In Virginia, the law states that any driver who has a valid driver’s license, regardless of which state they are licensed in, gives their consent to a breathalyzer test or a blood test simply by operating their vehicle on a Virginia roadway.

The implied consent law in Virginia only applies after a driver has been arrested for operating their vehicle under the influence of alcohol or drugs. Additionally, the law states that the arrest must occur within three hours of the alleged impaired driving incident.

There are three crimes that trigger the implied consent law in Virginia:

  • Driving under the influence
  • Underage driving under the influence
  • Driving on a revoked license with a blood alcohol concentration higher than .02%

To be clear, you have the choice to refuse to submit to a breathalyzer test. If you do so, a police officer will then inform you of the details of implied consent an outline the penalties you will face for refusing to submit to a breathalyzer test. This could result in:

  • An administrative suspension of driver’s license – This means your license will be automatically suspended for a period of seven days, and you cannot have a restricted license during this time.
  • Driver’s license suspension – Any driver convicted of refusing to take a breathalyzer test will face an automatic license suspension for 12 months for a first offense. There would be no opportunity for a driver to get a restricted license during this period.
  • Points against a license – A first offense conviction of refusing to submit to a breathalyzer test will result in six points added to your DMV record.

Call us for a consultation of your case today

If you or somebody you care about has been arrested for DUI in Virginia, please seek legal assistance as soon as possible. At Randall Page, P.C., we are ready to help residents in and around the Courtland, Suffolk, Emporia, Lawrenceville areas. Our attorneys will conduct a complete investigation into the case against you in an effort to get the charges reduced or dismissed. We will analyze the facts of the case and work to determine the best path forward in your situation, even if you did not submit to a breath or blood test after your arrest. You can contact our Virginia DUI attorneys for a free consultation of your case by clicking here or by calling 757-517-8956.

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