Breathalyzer & Other Biological Evidence Collection

Roanoke DUI Law Firm Focuses on DUI Testing

If you've been charged with DUI in Virginia, you were likely asked at some point to submit to a Breathalyzer test or some other means of providing evidence of impairment, such as a blood test. If your charge is based upon the results of your Breathalyzer test, it is important that you contact an experienced Virginia DUI defense lawyer to discuss your options.

Refusing a Breath or Blood Test

Like most states, Virginia includes an implied consent statement that individuals sign (knowingly or unknowingly) when they apply for a driver's license. This statement certifies that the driver will submit to a Breath or Blood test if legally stopped for suspicion of driving under the influence of alcohol or drugs. The statement also specifies that refusal of the test carries an automatic penalty of loss of license and points added to the offender's driving record. In Virginia, if you are lawfully arrested by an officer who has probable cause that you were driving under the influence, you must consent to a test of your blood, breath, or both within three hours of driving, and in most cases the breath test will be first. If the breath test is unavailable or if you can't complete it, you will be asked for a blood test. If you refuse testing, evidence of your refusal can be used against you in court and your license will be suspended for one year for your first refusal. Second and subsequent refusals will result in a suspension of three years.

Preliminary Tests

You could also be asked to take a preliminary breath test before you have been arrested. You can refuse to take this preliminary test and evidence of the refusal cannot be used against you in court. However, if the officer has reason to believe you have been drinking he can then arrest you, based on his observations from any field tests and/or your responses to questions, physical appearance, odor of alcohol, etc. Do you have questions regarding the Breath and/or Blood collection in Virginia? Robert F. Rider, a Roanoke attorney who focuses on criminal defense litigation, will explore your situation and advocate for you. Contact our firm online or call 540-685-0075 to schedule a free case evaluation today.