The Collins Law Firm, P.C.
Schedule A Free Consultation Today Call: 757-818-9539

DUI charges and breathalyzer tests

There has always been tremendous controversy surrounding breathalyzer tests used to convict suspected drunk drivers. Disputes continue over whether breathalyzer devices can always be relied upon in providing accurate readings.

Last July, when a news organization tested different breathalyzer machines, the results were not consistent. Yet the results of such readings often become evidence against Virginia residents facing DUI charges.

What happens when one refuses to submit to a breathalyzer test?

Under Virginia law, the refusal to submit to a breathalyzer test during a traffic stop will result in an automatic license suspension until time of trial. A refusal also makes you ineligible to receive a restricted driver’s license. A second refusal, a Class 1 misdemeanor, can mean a suspension of your license for up to three years.

According to the laws, you automatically consent to submit to a breath or blood test during a DUI stop if you drive upon our roads. And besides license suspension, a refusal means that you will need to go through a lengthy legal process to get your license back. If convicted for a DUI, you could face jail time and large fines.

Your legal rights to contest breathalyzer results

Remember that a refusal to submit to a breathalyzer is different than an admission of guilt. There are many reasons why drivers refuse to submit to such tests beyond the fact that such tests may be inaccurate. A driver simply may not understand the consequences of such a refusal. But individuals who refuse to submit to a breathalyzer test still have legal rights.

If arrested for a suspected DUI on our roads, it is important to speak with an attorney licensed in Virginia. An experienced DUI attorney provides more than simple advice. Such attorneys understand the legal process. They can also challenge the evidence brought against you – including breathalyzer results used as evidence against you.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us For A Free Consultation Today!

To arrange a free initial consultation with our experienced Virginia lawyers, contact The Collins Law Firm, P.C., at 757-818-9539. You may also complete our online form, and we will be in touch with you shortly.

Contact Us Today

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

The Collins Law Firm, P.C. Call Today: 757-818-9539 Fax: 757-483-6684

Portsmouth, VA
5709 Churchland Blvd., Suite A
Portsmouth, VA 23703

Get More Info

Chesapeake, VA
(by appointment only)
828 Greenbrier Parkway
Ste 210
Chesapeake, VA 23320

Get More Info

Emporia, VA
(by appointment only)
155 Spring Street
Emporia, VA 23847


Virginia Beach, VA
(by appointment only)
701 Independence Circle
Ste 202
Virginia Beach, VA 23455

Get More Info