Refusal of DUI Testing in Fredericksburg

Refusal of DUI testing in Fredericksburg carries severe consequences. If a person refusing a DUI test, they can be charged with refusal. If it is a first-offense refusal, the individual will lose their license for a period of one year with no option for a restricted license. There are also other penalties that can arise from refusing to take a DUI test. Read on or reach out to a seasoned DUI lawyer today to learn more about the refusal of DUI testing in Fredericksburg.

Types of DUI Tests

In order for a police officer to ask someone to take part in a field sobriety test, they must have probable cause to believe that the individual is under the influence of drugs or alcohol. Usually after conducting a field sobriety test and the officer determines the person was under the influence, they will place the person under arrest and take them to do more testing. At the jail, law enforcement may administer a blood or breath test. Blood and breath tests can be used to determine a person’s blood alcohol content level.

Implied Consent

Implied consent is the warning that is given to individuals before they are offered the breath test at the station. The reason it is called implied consent is that it serves as a reminder to individuals that they have consented to do this just by driving in the state of Virginia and then being arrested for a DUI. Because they have consented to it, they are reminded that there are penalties for refusing to go ahead and allow the officers to take this type of sample. The penalties for refusal of DUI testing in Fredericksburg vary, but the first offense is going to be a refusal charge that is civil in nature, and the individual would not be able to drive for a period of one year.

Implied consent applies beyond the breath test because the individual does not have a choice. It is not an either/or for the individual, as they are required to take the test offered to them.

Arguing Against Implied Consent

The chances of making a successful argument against implied consent to the courts depend on the case. It relies on whether or not the case has met all the technical requirements that the officers are required to do before administering a breath or blood test.

Consequences of DUI Test Refusal

The first time a person refuses to take a DUI test, they are charged with a first-offense refusal. This a simple offense that carries a penalty of losing the ability to drive in Virginia for one year with no option for a restricted license.

If an individual refuses one of the tests for a second or third time and they are convicted, then they may be facing a criminal offense. This means the person could spend time in jail, lose their driving privileges for two years, and have a criminal conviction on their record.

For more information about the refusal of DUI testing in Fredericksburg, reach out to an experienced lawyer.

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