Implied Consent

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Any person 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 you “consented” to a blood or breath test. Of course, you never really consented; “implied consent” is just another tool that the States 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.

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