[VIDEO] Why Are You Charged with Virginia DUI Refusal?
The DUI and refusal law in Virginia is very complicated. It is understandably difficult to grasp. Especially if you just now find yourself in this situation with charges pending and a court date looming. Contact me today about your VA DUI/DWI case.
Video Transcription
Why are you charged with refusal along with your DUI? Let me answer that for you.
My name is Andrew Flusche and I’m your Virginia DUI attorney.
The DUI and refusal law in Virginia is very complicated. It is understandably difficult to grasp. Especially if you just now find yourself in this situation with charges pending and a court date looming. The way it works, essentially, is that you … if the officer in Virginia has a valid reason to arrest you for DUI, if they have probable cause that you are driving under the influence of drugs or alcohol. By law in Virginia is that was a … driving was on a public highway, you have impliedly consented to have a sample of your breathe or blood taken to be analyzed to see if you’re actually under the influence of anything.
That’s what we call implied consent. Basically by driving on the public highway, you’re giving your permission t have your blood or breathe taken.
Now, of course, once you’re arrested they really do have to have your actual permission to get your blood or breathe sample. They can’t make you give blood or make you blow in to the tube. However, if you refuse your permission at that point, that’s where refusal is triggered. There’s some different scenarios of how it all works and different rules that they have to follow to establish a valid refusal charge.
Essentially, if they have a good arrest, you were on a public highway, and you were arrested within 3 hours of the actual operation of the vehicle on the public highway; then that is … that will trigger the refusal if you don’t allow them to take a blood sample or breathe sample.
There’s different rules about which one they can take at different times. The default in Virginia is they’re supposed to take a breath sample and then they can take a blood sample under certain scenarios.
That’s why you may be charged with DUI and refusal. Basically they’re claiming that they have probable cause that you were impaired and that you refused to let them take a blood sample or breathe sample as they demanded.
If you’re charged with either of these violations, or both, you definitely need to contact me so we can discuss your case and what defenses you have available.
