Mecklenburg County DUI Refusal of Breath and Blood Tests

In Mecklenburg County, breath tests or blood tests are used to determine whether a driver is impaired by alcohol or drugs. If a person refuses to submit to a breath test, blood test, or urine test in Virginia, they face a potential civil penalty of a one-year license suspension. Defendants typically would not be eligible for a restricted license during this one year.

Reach out to a well-practiced attorney if you are facing refusal of breath or blood tests charges in Mecklenburg County. A lawyer could explain your rights and legal options.

Implied Consent

Implied consent is defined by a statute that states that all drivers in Virginia have given their consent to submit to a breath test. If they refuse, drivers can be subject to penalties. However, there could be limited justifiable reasons for refusing a DUI breath or blood test in Mecklenburg County. Most of those reasons are typically for medical purposes.

Blood Tests

Implied consent could apply beyond a breath test. While it may play a role in a blood test, recent case law suggests that law enforcement will typically need to obtain a search warrant to test a driver’s blood for impairment.

Arguing Against Implied Consent

The chances of making a successful argument against implied consent to the court are typically slim. There may be a narrow opportunity for a valid refusal to a blood or breath test if a person has a good cause to do so. This is defined narrowly and could be difficult to achieve. Individuals are recommended to consult a knowledgeable defense attorney to learn how they could argue against the tests and implied consent.

First, Second, and Third-Time Refusals

A first-time Mecklenburg County DUI refusal of breath and blood test could lead to a person to facing a trial for the charge. If they are found guilty of the civil offense of refusing a test, their license could be suspended for one year. Individuals typically would not be eligible for a restricted license during this year. If a person refuses one of these tests for a second or third time, it could be a criminal offense that may result in jail time and a lengthier period suspension of their driver’s license.

Enrolling in a DUI or Alcohol Education Course

A person might need to enroll in a DUI or alcohol education course after a refusal in order to get their license reinstated. The DMV may require a driver convicted of refusing to submit to a test to complete DUI education or an alcohol safety course. Subsequent refusal convictions could result in the court ordering the driver into those courses.

Consult with a Mecklenburg County DUI Attorney

Learn more about the consequences of refusing a breath or blood test in Mecklenburg County by calling a seasoned DUI attorney. A skilled criminal lawyer could also provide advice about your legal options and help crafting a defense strategy after your DUI. Call today to get started on your case.