When confronted with the request to blow into a breathalyzer, many people are under the impression that they do not have to submit their breath or blood for analysis.
However, under Virginia's laws, it is required that anyone operating a vehicle on the Highways of the Commonwealth submit a sample of their blood or breath for analysis. This law is called the "implied Consent Statute."
If you fail to submit a sample of your blood or breath as requested, you will probably be charged with refusal.
On a first offense DUI, a refusal is a civil matter, and the punishment for refusal is that your license to drive is revoked for one year without any ability to drive on a restricted basis. You may also be convicted of the DUI which would cause an additional one year suspension of your license.
On Subsequent DUI's, your refusal to blow is considered criminal and may be punished with jail time. It also imposes longer periods of suspension.
Having an attorney, who can guide you through the complex law, and assist you in making the best decisions, can be invaluable, and may prevent you from suffering an addtional suspension or conviction. Mr. Greenside has been practicing DUI law for over 20 years, and can help you achieve the best results in your particular case.