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There is a lot of focus this holiday season on the “No Refusal Policy”, which may sound similar to some people to Virginia’s existing implied consent law. The no refusal policy, recently championed by U.S. Transportation Secretary Ray LaHood, allows law enforcement officers to quickly obtain a warrant for a blood test if a suspected drunk driver refuses a breathalyzer test.
Nationally, about 25 percent of those stopped under suspicion of drinking and driving refuse to take a breathalyzer test. People refuse to take a breathalyzer because they believe that they will not get caught with alcohol in their system if they don’t submit to testing. However, it isn’t that easy to avoid a drunk driving charge in Virginia.
Virginia has what is called an “implied consent” law. This means that by driving on Virginia roads and highways you agree to submit to a breathalyzer or blood test if you flunk the field sobriety test. There are no forms to fill out or documents to sign – just by driving in Virginia you give your consent to be tested.
Drivers in Virginia can still refuse the breathalyzer test, but that means they can face charges of refusing to submit to a breathalyzer test. If convicted of refusing a breathalyzer test, drivers can end up losing their license for a full year.
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