Refusal of Breath and Blood Tests in Brunswick County
Brunswick County law enforcement uses breath samples to measure alcohol, and they use blood tests to measure both alcohol and drug content in a driver’s blood. Breath and blood tests are considered very accurate and are given a great deal of weight in court. It is essential for drivers to understand that they have the right to refuse to take these tests. However, they may face repercussions if they do so. Read below to learn more about the refusal of breath and blood tests in Brunswick County. And if you are facing charges, reach out to an experienced DUI lawyer.
Implied Consent in DUI Cases
Implied consent is the law that says that by driving on the public roads in Virginia, drivers have consented to take a breath and/or blood test. This means that if a person does refuse to take one of these tests, they may face penalties. Under certain circumstances, an individual might fall within that narrow window in which they can refuse to submit to the test. However, that is exceptionally rare, and almost always, the implied consent law results in a refusal and a refusal conviction.
What Happens to a Person’s Driver’s License After a Test Refusal?
The refusal of breath and blood tests in Brunswick County will result in a one-year suspension of a person’s license. The individual will not be eligible for a restricted license during that time. The basis for losing one’s license following a refusal is the implied consent law, which states that anyone driving on the highways of Virginia has given their implied consent to submit to chemical analysis.
If a person refuses to take a breath or blood test for a second or third time, it is a criminal matter, which means that they could face jail time for the refusal, and it could result in a longer license suspension as well.
Enrolling in a DUI or Alcohol Education Course
Even if the court does not require a person to undergo a DUI or alcohol education course following a refusal, the DMV might order them to complete one before restoring their driving privileges. Agreeing to one of these courses could help the individual avoid the other penalties that could arise from a refusal.
Justifiable Reasons to Refuse Breath and Blood Tests
If, due to an illness such as asthma or any other breathing disorder, a person is not able to provide an adequate sample on the breath machine, that might be an exception that allows them to refuse a breath test. For certain other medical reasons, they may be able to refuse a breath test effectively.
A blood test is a more invasive procedure that involves needles. An individual might have medical or religious objections to a blood draw under certain circumstances, though these are very narrow exceptions. By and large, the court is going to require them to submit to a blood draw if law enforcement has properly obtained a search warrant.
Call today for more information about the refusal of breath and blood tests in Brunswick County and how an attorney could protect your rights.