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.



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