If I’ve been stopped for suspicion of DUI in Fairfax, do I have to take a Breathalyzer test?

No, you do not have to submit to any field tests that a police officer requests of you when he or she stops you on suspicion of DUI in Northern Virginia. This right is stated clearly in the United States Constitution, and it says that you shall not be required to incriminate yourself. You simply say, “I do not consent to any tests except as required by the Implied Consent law.” This means you do not have to walk a straight line, follow a pen with your eyes, or recite the alphabet. However…

If you are taken to the police station and arrested for DUI, and if the police ask to take the blood test or the breath test, you must do so or you could be charged with civil refusal. This charge carries with it an automatic one-year loss of license, with no restricted driving privileges.

Your right to drive in the commonwealth of Virginia comes with a caveat: the Virginia implied consent law. This law states that as a condition of having the right to drive in Virginia, you implicitly agree to take a chemical test of your sobriety if the police have probable cause to believe that you were under the influence of alcohol or drugs when you were behind the wheel.

If you have been charged with DUI or other traffic crime in Northern Virginia, immediately contact the experienced Fairfax DUI lawyers at Taylor Law Company. Call us at 703-385-5529 to set up a FREE, immediate, no-obligation consultation. We’ll make sure your rights are protected.

Gretchen L. Taylor
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