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Should you take a sobriety test?

On Behalf of | Jan 3, 2020 | Firm News |

A lot of people wonder whether or not they should take the blood or breath test after they are arrested for DUI. And the fact is that doing so is required by law in Virginia. Refusing to take a blood test or refusing to take the breath test after your you have been arrested for a DUI is another charge you could get, and it comes with some pretty serious penalties. 

The first time you are ever been charged with refusal, if you have no prior refusals or DUI charge, results in a 12 month mandatory loss of license with no restricted license at all. According to Driving Laws, you will not be driving for one year. If you have prior refusals or prior DUIs, you could go to jail and receive fines for refusing to submit to a blood or breath test. So, it is a pretty serious offence, and they can have real ramifications on your life and on your DUI case as well. 

It is really important to understand the difference between mandatory blood testing and breath testing, and non mandatory testing and breath testing. The Preliminary Breath Test that is offered to you on a side road is voluntary. You can refuse it and you should refuse it in most situations. The evidentiary testing device at the police station after you are arrested is mandatory. 

Here are a couple of ways to tell the difference between mandatory breath testing and voluntary breath testing. Voluntary breath testing is with a PVT. It is oftentimes a little handheld device. The officer pulls it out of his trunk of pocket and you blow into it. The mandatory device is large, boxy and has a big tube that comes out the side. It has a keyboard in the printer. 

This information is not legal advice.