DUI Testing in Colonial Heights
Most DUIs are based on the BAC (Blood Alcohol Content) test per a breath sample of the driver that was taken by the officers on the date in which the person is charged with the DUI. In other cases, blood tests may be used to establish the level of intoxication of a driver.
If you were charged with a DUI or refusing a DUI test, it is important to contact an experienced attorney who could fight on your behalf. Veteran lawyers understand DUI testing in Colonial Heights, and they could use their expert knowledge for your benefit.
Reasons to Refuse a Test
The only justifiable reason for refusing a breath test is if someone physically cannot perform it. When it comes to refusing a blood test, the only way that one can refuse a blood test is if it is going to put them in some kind of physical harm to perform the test.
Implied Consent in Colonial Heights
An implied consent is the basis of DUI testing in Colonial Heights. Anybody who drives or operates a motor vehicle in the State of Virginia is consenting to have their breath analyzed for the purposes of DUI if the officers have probable cause for an arrest. Implied consent states that if the officers have probable cause for arrest, the person is automatically agreeing to have their breath analyzed for the purposes of determining if they are intoxicated. This only applies if there is probable cause to arrest someone for a DUI. Implied consent becomes important because if there is probable cause to arrest for DUI, the person then has to submit to this blood or breath sample. The reason that they have to submit to testing is that of the implied consent laws.
Successfully arguing against implied consent to the court can be broken down factually. If the facts fit the scenario where implied consent may not apply for whatever reason, then there is a high chance of success. But if the facts do not apply, then there is not a very good chance of success. Implied consent is going to break down on factual lines.
Consequences of Refusing a Test
The first time someone refuses to submit to a blood or a breath test, based on implied consent, they are normally going to be charged with refusal. Then they will have to go to court on a subsequent court date to defend themselves against a refusal charge. If they are successful in defending themselves against a refusal charge, the refusal would be dismissed and their license will not be suspended. If they are found guilty of the refusal, then their license would be suspended for one year.
If a person is convicted of refusal, it is going to be a civil penalty and their license to drive will be suspended for one year; it is not a criminal charge, it is a civil charge. In comparison, if there was just a DUI conviction suspension, while the person would be given a one-year license suspension, they would have the option of having a restricted driver’s license. If their license is suspended based off of a civil refusal, then they are not eligible for a restricted driver’s license. Every time a person commits a refusal after that the first time, it becomes a Class 1 Misdemeanor, which is a criminal charge.
Calling a Colonial Heights DUI Attorney
If you have been charged with a DUI, you should call a skilled lawyer today. An attorney who is knowledgeable about DUI testing in Colonial Heights could help defend you against these charges. Speak with a skilled lawyer that could ensure that your rights are protected.
