Virginia Implied Consent
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It is important to always check the fine print when signing legal documents. However, most people wouldn’t think to read every line in the paperwork they sign to receive their driver’s license.
When you applied for your Virginia driver’s license and signed on the dotted line, you agreed to something known as “implied consent.” This means that if a law enforcement agent were to pull you over for a traffic stop, you agree to comply with any requests that he or she makes. This includes taking a blood, breath, or urine test to determine whether or not you are intoxicated. This law is designed to legally discourage a driver from refusing to take a chemical test.
What if you refuse?
If an officer pulls you over on suspicion of driving under the influence and you politely decline to take a chemical test, you will receive the same penalty as if you took the test and had a blood alcohol content level over the legal amount. If this is your first time refusing to take a chemical test, your license will automatically be suspended for seven days. This is known as an “administrative license suspension.”
If this is your second offense or refusal, your license will be suspended for 60 days or until your trial date, whichever comes first. If this is your third offense or refusal, your license will be suspended until your day in court.
If you lose your license due to implied consent, it is very important that you do not drive. If you are caught driving when your license is suspended because of an alcohol-related offense, your vehicle will be immediately impounded for 30 days. If you are later convicted of driving under the influence, your vehicle will be impounded for an additional 90 days.
If you have lost your license in the Commonwealth of Virginia, you need an attorney who can help you get it back. The Law Office of Michael C. Tillotson can help. Our attorney has years of experience representing clients who have been arrested for driving under the influence.
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