Can I refuse a Breathalyzer® test?

Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.

Criminal Law FAQ

James E. Short, PLC
652 Independence Parkway Suite 120 Chesapeake, Virginia 23320
Phone: (757) 410-5042
VirginiaDUIHotline@gmail.com

The information on this site is not intended to be used as personal legal counsel, nor is to be used as a substitution for legal representation. We recommend that you consult a licensed attorney in order to address your litigation needs.

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The James E. Short, PLC office is located in Chesapeake, Virginia, and represents people living or driving in Virginia, including the cities of Alexandria, Arlington, Charlottesville, Chesapeake, Lynchburg, Norfolk, Petersburg, Richmond, Roanoke, and Virginia Beach, and all outlying areas. The James E. Short, PLC also represents clients from Chesapeake, Virginia Beach, Norfolk, Portsmouth, Suffolk, Newport News, Hampton, Isle of Wight counties and clients from any state, who were charged with criminal charges in Virginia.