Over 20,400 people were arrested for DUI in 2012 in Virginia alone. As many as 2,613 people were killed in DUI crashes in the state between 2003 and 2012. This is not ISIS or Taliban numbers but it is pretty bad. Some people believe autonomous cars cannot come fast enough; they are not hear yet though.
To determine if drivers are intoxicated and for purpose of gathering evidence, arresting officers subject them to sobriety tests such as breathalyzer tests, field sobriety tests, and blood and urine tests. No, not the SAT test again, that is not one of the tests!
Cars are not autonomous yet and even when they are, it will take years before everyone has one. USAttorneys.com is not autonomous but it does not take too much energy or coordination to find the DUI legal counselor you need using this amazing website. Legal help is right around the virtual corner. Any questions? Contact us and we will get back to you within a couple of hours.
Due to the Fourth Amendment of the US Constitution, we have the right to be protected against unlawful searches and seizures. As explained by fabulous legal pros in the industry which can be picked off USAttorneys.com like you pick an orange off of an orange tree, our bodies are our property much like our homes and cars. Therefore, to be able to conduct a body search, law enforcement officers either require our consent or must possess a search warrant issued by a judge.
For the most part, legal experts reiterate that we have the right to refuse chemical sobriety tests when officers try to subject them upon us. However, there may be some consequences for doing so depending on the state in which the incident occurred.
The implied consent law
Many states such as Virginia have what is known as the implied consent law. This is basically a way in which legislators and law enforcement battle chemical test refusals. In such states, when a person applies for a driver’s license or permit, they will only be issued a license upon signing a form in which they give consent to the state to search them or subject them to sobriety testing if and when suspicion arises.
In such states, if you refuse to take a breathalyzer test or a field sobriety test then your license will automatically be revoked immediately upon refusal for up to 1 year. In Virginia, this extends to 3 years for a second DUI if a prior refusal occurred within 10 years. Not good! Be smart!
You may believe you are not drunk but the police officer believes you are. You are getting written up. You need legal assistance. Get on USAttorneys.com and make this happen. What are the chances the police officer passes those same tests?
Is it worth refusing a chemical test?
To answer this question specifically is not really plausible since it depends on which state you are a resident of and which state the arrest occurred in. However, for the most part, refusing a chemical test will bear no fruit and is not really advisable unless you are sure you have not consumed any alcohol or drugs.
According to statistics, over 82% of people that do NOT refuse a chemical test are convicted of a DUI or of a lesser crime such as a wet reckless. On the other hand, 86% of people that actually refused their chemical test were convicted of some form of a DUI.
Furthermore, it is estimated that refusal of a chemical test will entail a longer trial due to limited evidence, which will only court fees and attorney fees. The average cost for refusing a chemical test ranges is around $6,000 and could go even higher in some cases.
Submitting to a chemical test and testing positive for a DUI does not mean the end of the world. Despite the prosecution having this evidence, there are still numerous ways in which you can defend yourself and potentially even beat your DUI case. All you need is to consult a Virginia DUI lawyer ASAP! Do not assume anything!
There are legal strategies you are not cognizant of. You are not a DUI lawyer, call them and hear what they have to say after you explain to them what happened.