Virginia Implied Consent

Most people know that if you drive under the influence in Virginia, you can expect to lose your license. What you might not know is that you can lose your license for refusing to take a chemical test. How is this possible?

This is due to “implied consent.” By driving on a highway in Virginia, the law assumes that you have already consented to a breath or blood test.

When you are stopped by a law enforcement agent on suspicion of driving while intoxicated, he will read the implied consent notice to you and request that you take a breath or blood test to determine your BAC.

Many DUI defense attorneys are against the implied consent law. They believe that implied consent goes against our Fifth Amendment right because it forces you to be a witness against yourself, which is exactly what you are doing if you are intoxicated and take a BAC test.

If your license has been suspended for refusing to take a chemical test in Virginia, you need an experienced attorney on your side. Fill out our convenient online form today.

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