When you are stopped by a police officer they may request that you submit to a Breathalyzer or blood test to determine your blood alcohol content (BAC). There are two kinds of breath tests – preliminary breath tests and evidentiary breath tests. Preliminary breath tests are done in the field with small hand-held equipment, are consensual, and there are no criminal consequences for refusing. Evidentiary breath tests are typically done in a police station or adult detention center with different equipment. Unreasonably refusing evidentiary breath tests has consequences.
There are numerous reasons why you may not wish to comply. No matter the reason why you chose not to comply, unreasonable refusal to submit to a Breathalyzer or blood test is a separate charge from any DUI charges. In Virginia, driving privileges are tied to an implied consent to submit to such testing.
A first offense refusal charge is a civil infraction punishable by a 12-month suspension of your driving privileges without the possibility of restricted driving privileges. A second offense refusal charge or a refusal preceded by a prior DWI charge is a Class 1 misdemeanor punishable by jail, fines, and licensing consequences.
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At Surovell Isaacs Petersen & Levy, our Fairfax DUI defense lawyers have been providing exceptional criminal defense to the people of Northern Virginia for over three decades. Our firm's attorneys have built a reputation for being able to successfully defend our clients' rights in difficult cases.
No matter the circumstances under which you refused to submit to a Breathalyzer or blood test, the consequences can be harsh, especially if you have been convicted of refusing to comply to such tests previously. The penalties for repeated refusals escalate sharply. There are defenses to a refusal charge and we can help ensure that your rights are respected and we will work to pursue the best possible resolution to your case.
Contact the Loudoun County DUI Blood Test Defense Attorneys of Surovell Isaacs Petersen & Levy
If you have refused to submit to a Breathalyzer or blood test, know that experienced counsel is the best option for defending your rights. Turn to the experienced Fairfax refuse Breathalyzer attorneys of Surovell Isaacs Petersen & Levy. To schedule an initial consultation, call 703-648-8279 or simply contact us online.
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