Bethel, NC asked in DUI / DWI for Virginia

Q: In Virginia in 2018 are you allowed to refuse a blood test?

Was pulled over in June, given at least 8 field sobriety tests and then told I could not refuse a blood test. Arrested and charged with dwi on my prescription medicine

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2 Lawyer Answers
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer
PREMIUM
Answered
  • DUI & DWI Lawyer
  • Virginia Beach, VA
  • Licensed in Virginia

A: You can refuse but you will most likely be charged with refusal and risk having a one year civil license suspension.

Daniel P Leavitt
Daniel P Leavitt
Answered
  • DUI & DWI Lawyer
  • Midlothian, VA
  • Licensed in Virginia

A: In Virginia there is implied consent and if that applies then you can refuse but as noted elsewhere you most likely risk a one year license suspension for the refusal. You will want to find out if implied consent applies or not, and also verify that you are not subject to the more severe refusal under the latter part of 18.2-268.3 D (but that is rare, the one year civil suspension is usually what is charged).

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