Virginia Administrative License Suspension
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Unless you live in a big city, public transportation probably isn’t very convenient. Imagine having to wake up early and walking a mile to the bus stop just to make it to work. That wouldn’t be pleasant even in the best of conditions; if you are arrested for driving under the influence (DUI), this situation could happen to you. You may have heard of the penalties you can face if convicted of driving under the influence (DUI). They include time in jail, hefty fines, and mandatory alcohol education classes. What you might not know is that your license can be suspended automatically if you are arrested for driving while intoxicated.
This is known as an Administrative License Suspension. When you are pulled over on suspicion of DUI, the law enforcement agent will ask you to take a breath test. If you take the test and your blood alcohol content (BAC) is .08 percent or higher, you will automatically lose your license for seven days. If this is your second time being arrested for DUI, your license will be suspended for 60 days or until your case goes to trial (whichever day comes first).
Did you know that your license can be suspended even if you don’t take the breath test? This is because of “implied consent.” When you applied to get your driver’s license, you probably signed a bunch of forms. In the small print, you agreed that if you were pulled over for a traffic stop, you would comply with the officer’s requests. These requests include taking a test to determine whether you are intoxicated or not. While it is not illegal to politely decline to take the breath test, you will face the same administrative license suspension as someone who took the test and had a BAC over the legal limit.
If you are convicted of DUI, you may still face a license suspension in addition to this administrative license suspension.
If you have recently lost your license in Virginia due to refusing to take a breath test or blowing higher than the legal limit, you should talk to an attorney who is experienced in DUI defense. Michael C. Tillotson is just that. With years of experience defending clients who have been accused of drunk driving, you can rest assured he can help you too.
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