Do You Need Legal Help?

    Refusing a Breathalyzer Test

    Do You Need Legal Help?

      Refusing a Breathalyzer Test

      Going To Jail For a DWI

      Do You Need Legal Help?

        Serving residents of Fairfax County, Fairfax City, Prince William County, Loudoun County, Stafford County, Spotsylvania County, Arlington County, Alexandria, City of Fredericksburg, City of Manassas Park, City of Manassas, City of Falls Church, Town of Vienna, Town of Herndon, Town of Occoquan, Town of Dumfries, and all of Virginia.

        7 Mistakes You Can’t Make During a Criminal Case

        Enter your information below to get your FREE download.

        We Love Our Clients

        FEATURED TESTIMONIAL

        Read All Reviews

        THIS FIRM IS AMAZING

        WOW! This firm is amazing. Their lawyers are experienced, compassionate, and successful. If you want the best legal representation then this the firm for you!

        - A Former Client

        We Love Our Clients

        FEATURED TESTIMONIAL

        Read All Reviews

        THIS FIRM IS AMAZING

        WOW! This firm is amazing. Their lawyers are experienced, compassionate, and successful. If you want the best legal representation then this the firm for you!

        - A Former Client

        We Love Our Clients

        FEATURED TESTIMONIAL

        Read All Reviews

        THIS FIRM IS AMAZING

        WOW! This firm is amazing. Their lawyers are experienced, compassionate, and successful. If you want the best legal representation then this the firm for you!

        - A Former Client

        Helping you fight back.

        Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With over 30 years of experience, we will fight back, with you and for you, to get the results you deserve.

        Helping you fight back.

        Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With over 30 years of experience, we will fight back, with you and for you, to get the results you deserve.

        Helping you fight back.

        Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With over 30 years of experience, we will fight back, with you and for you, to get the results you deserve.

        Are you wondering if refusing the breathlyzer test can help or hurt your case? Watch this video for guidance, then call our Virginia DWI attorneys today.


        Question:

        Can I refuse a breathalyzer test in Virginia?

        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.


        Do you or your loved one have questions about refusing a breathalyzer test? Contact our experienced Virginia DWI lawyers today for a free consultation and case evaluation.

        Like us on Facebook

        Client Reviews

        stars

        “I had a minor but bothersome issue on a litigation, and Nova Legal Group were extremely efficient, very effective and I am 100% pleased with the results they drove, and I am also quite impressed they managed to do my work and obtain the favorable resolution ahead of schedule during the year of COVID. And I think their fee structure is easy to work with and very reasonable.”
        – A Former Client