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Implied consent is not something you’re likely to think about until you find yourself in a situation where a law enforcement officer wants to test you for intoxication. Many states have laws on their books that allow officers to test drivers to find out if they are under the influence of alcohol or drugs. What many people don’t realize is that in states like Virginia, once you get behind the wheel of your vehicle you have agreed to allow testing of your breath and blood – that is the idea of implied consent.

Virginia’s implied consent law

Virginia is one of the states with an implied consent law. The law basically states that any person who operates a motor vehicle in Virginia – whether you hold a Virginia driver’s license or a license from another state – has consented to have blood and / or breath testing performed. By operating a motor vehicle in Virginia, you automatically agree that the police can test you to see if you have been drinking or doing drugs.

Practically, what this means is that if you refuse to take a breathalyzer test, you could end up with points on your driving record, you could loose your license, and the police can quickly obtain a warrant to test your blood for drugs or alcohol anyway. Refusing to take a breath test is a misdemeanor in Virginia. And be aware that if you were convicted in the past of refusing to take a breath test or if you have a previous DUI conviction, refusing the breath test again means your license will be suspended for three years. On the other hand, if you do take the breathalyzer test, there is a chance that it could be wrong.

How accurate is that breathalyzer?

Now, even if you do submit to a breathalyzer test be aware that they are not 100% accurate. Breathalyzers are very sensitive and can be triggered by certain medical conditions or other chemicals in the body. This means that if you take a breathalyzer and it claims that your blood alcohol level is above .08, the test might not be right. Because of this, it is a very good idea to speak with a lawyer if you believe that you were unfairly accused of driving under the influence.

Positive breathalyzer tests that could be wrong are worth fighting – especially when you consider the impact of having a DUI conviction on your record. In Virginia, DUIs are not considered traffic offenses – they are criminal offenses. The penalties for driving under the influence in Virginia can be very harsh, so it is in your best interest to fight for your rights with an experienced DUI attorney.

If you have been accused of driving under the influence in Virginia don’t be afraid to fight for your rights. The attorneys at the firm of Weisberg & Zaleski have years of experience handling Virginia DUI cases, and they can put their expertise and skill to work for you. Please contact us today to discuss your case for no cost and no obligation.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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What you need to know about implied consent and DUI in Virginia

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