If you do not take a breathalyzer test, you can face consequences.Even though you might think that it is your legal right to refuse a breathalyzer test, the federal government views these tests as an exception. For this reason, you need to understand the consequences of refusing to take a sobriety test.
The Legal Repercussions of Refusing to Take a Breathalyzer Test
Refusing to take a breathalyzer test in Virginia is an offense. However, you can refuse to take a breathalyzer test at the scene, but if you refuse to take a sobriety test — breathalyzer or blood test — at the police station, you are violating the state’s implied consent law. You will face consequences in the form of penalties as a result.
However, unless your DUI lawyer has advised you otherwise, you should not refuse to take a breathalyzer test at the scene, even if you have the right to refuse, as it can result in you getting arrested. One advantage of refusing to take a sobriety test is that it prevents the state from collecting any evidence to use against you in court.
Why Should You Take a Breathalyzer Test?
When you submit the application for a driver’s license in the state, you are automatically giving the authorities to consent to take a breathalyzer test if asked by the cop who pulled you over for driving while intoxicated.
When the state issues you your driver’s license, the application’s clearly states that you are agreeing to give a breathalyzer test if asked to do by a cop. This is also true for when the cops pull you over for a traffic violation with the fine print stating that you must comply to the cop’s request.
What Happens If You the Cops Pull You Over for a DUI?
As soon as the cops charge you with a DWI, you need to take these immediate steps:
·Hire a DUI lawyer within four days so they can help you get your driver’s license back.
·The trial date is less than two months from the date the cops charge you with a DUI and if you wait 14 days to hire a DWI lawyer, it could jeopardize your case.
It will be in your best interest to hire a DUI attorney as soon as the cops pull you over, ask you to submit a breathalyzer test, arrest you, and charge you with a DWI.
If you are looking for a highly qualified and experienced DUI lawyer to take your case and help defend you in court, please feel free to get in touch with us today.