Refusing a Breathalyzer Test

Answer:

A lot of people may or may not know this, but in Virginia, the blood alcohol limit is 0.08. Now, one of the questions to ask is how they figure out what your blood alcohol level is. There’s a couple of ways to figure that out. There’s what’s called a breathalyzer, an intoxilyzer test and there’s also a blood test. Now, the question becomes whether or not you can refuse to take those tests. Yes and no. When you are being investigated for a DUI or DWI, one of the first things the police officer is going to ask is whether or not you’d like to submit to a breath test. They’re talking about what’s called a preliminary breath test, or slang PBT, that they will issue you on the street. That test, there’s no legal requirement that you have to take. Now, there’s a separate test, a breathalyzer, intoxilyzer test or a blood test where anyone who is driving a vehicle on a public road or highway in the commonwealth of Virginia consents to having a sample of their breath or blood taken if they are arrested for suspicion of a DUI or DWI.

If you refuse to take that test, then unfortunately you can be charged with something called refusal. Now, refusal is a civil charge for a first offense which carries with it a loss of your license for one year. Now, if you have multiple refusal charges or multiple DUIs in your record, it then becomes a misdemeanor charge depending on your prior criminal record. Therefore, as a result, there are some situations where you can decline a breath test and there are others where you have to take it or you run the risk of further action being taken against you. Now, you should always reach out to an attorney regarding questions such as this so that they can see how your situation applies to the law and so how they can see what they can do to help you with your refusal of a breath or blood test.