Refusing to participate in DUI testing is complex. DUI testing depends on the type of case but for court purposes, but testing the blood, breath, and urine tests are the most common to retrieve evidence. When a person is on probation or they are on some pretrial supervision, it is common to use the urine test. If you have questions about what tests are used or about what happens during the refusal of DUI testing, contact a professional lawyer today.
If a person refuses to take a blood test or a breath test in Prince William County, and there was probable cause to arrest them for a DUI, then they will be found in violation and then they will not be able to refuse without getting charged with refusal. There is a separate implied consent statute that forces a person to submit a sample if there is probable cause to arrest them. If they are on probation and they are asked to give a urine sample, then they can violate their probation.
The chances of a successful argument against implied consent depends. An attorney must know the facts of the case. Implied consent is tied to probable cause, and that is going to depend on all sorts of different things: driving behavior, interaction with the officer, what the officer the person did, the performance on field sobriety test if any, the performance on the preliminary breath test if any, et cetera.
If a person blows into the preliminary breath test, they will likely lose on a probable cause challenge because the moment they get a PBT that shows 0.08 or more is the moment that an officer realizes they have probable cause to arrest the person. Challenging any case depends on the specifics of the situation, the interactions with the police officer, and whether or not the person took a PBT. It is highly recommended that a person does not take a PBT test.
A refusal of a DUI test should not require an additional sentence that a person enrolls in an alcohol substance abuse program in Virginia. Refusing to take a DUI test in Prince William County usually comes with additional suspension time, not a sentence like enrolling in an alcohol education course.
The only justifiable reason for refusing a breath test is if there is no probable cause to arrest a person. That is the only thing that the law contemplates as an appropriate reason for refusing a breath test. If there is probable cause, they must submit. The laws and circumstances regarding DUIs, testing, and refusing testing can be complex. For more information about what to do during such a situation, a person should refer to a qualified attorney as soon as they are able to in order to protect their rights. Not contacting an attorney can cost a person their freedoms.
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