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 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.
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.
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.
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.
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.
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.