Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both.
Whether you realize or not, by driving on a highway in Virginia you "consented" to a blood or breath test. Of course, you never really consented; "implied consent" is just another tool that Virginia uses to make conviction easier.
The penalty for the first refusal is potentially worse than the penalties for the first DUI. A restricted license is usually granted for a first DUI but no restricted license is allowed for a conviction for refusal. In court jargon, with a refusal "you walk for 12" months.
If you have lost your license in the Commonwealth of Virginia, you need an attorney who can help you get it back. TILLOTSON & MARTIN, LLC can help. Mr. Tillotson has years of experience representing clients who have been arrested for driving under the influence.
To set up a free, no obligation DUI case evaluation, please fill out the convenient contact form located to the right.