Virginia Beach, VA– When you are pulled over by police and they think you are intoxicated; they will soon ask you to participate in field sobriety tests. Depending on how well you do in those tests, they might also ask you to agree to a breathalyzer test. Our team of DUI lawyers in Virginia Beach are often asked: Do I agree to a breathalyzer? The short answer is: It depends.
You were probably looking for a yes or no answer, but there are reasons to refuse and reasons to participate. If you think refusing a breathalyzer will help you avoid legal troubles, you’re wrong. That’s because Virginia, like many states, has an implied consent law, which states that all motorists must agree to breathalyzers or chemical tests. It’s a requirement of obtaining a driver’s license, and a refusal has a number of troubling consequences.
Officers can seize your license immediately, and it can be suspended for no less than a year if your refuse breathalyzers or any field sobriety tests. You can try to get your license back and be given limited driving privileges as long as you can prove losing your license would be a hardship for you and your family.
The above consequences are bad enough, but that’s not the end of it, and you could be worse off by refusing. Some prosecutors will charge those who refuse a breathalyzer with double the legal consequences so that you could be facing a refusal charge along with a DUI charge.
The license suspension period for a first-time DUI conviction is 90 days compared to the one-year for a refusal charge, so if driving is the most important thing to you, then you might be better of agreeing to a breathalyzer and fighting you DUI charge with the backing of DUI lawyer in Virginia Beach.
Another thing that needs to be considered when you are deciding to agree to a breathalyzer is your blood alcohol concentration. If you were drinking and you have a high blood alcohol concentration, you might be better off refusing a breathalyzer test. A high BAC often leads to aggravated charges and tougher penalties. If you happen to be very drunk, you might want to refuse a breathalyzer and let a legal expert deal with the fallout.
USAttorneys wants to encourage you to call one of your defense lawyers to discuss your case. Whether you agreed to a breathalyzer or not, you need a DUI lawyer in Virginia Beach working on your defense. An attorney with defense experience can give you a chance to avoid conviction.
Our Virginia legal team can help you with your defense and work to minimize the consequences of your charges. Set up a consultation today and get the advice you need.