Virginia Implied Consent

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.

What if you refuse?

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.