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Virginia enforces an implied consent law

| Mar 21, 2019 | DUI

It is a major accomplishment in the life of residents to receive their first driver’s license. While many people get them when they are teenagers, others may choose to secure their first licenses when they are older and in need of driving their own vehicles. When a person is given a driver’s license they must abide by certain laws and expectations in order to maintain their driving privileges.

A DUI arrest and conviction can cause a driver to lose their license to a suspension, and in many cases law enforcement officers collect blood alcohol concentration evidence to demonstrate the driver’s incapacitation. Blood alcohol concentration tests can use blood, breath, or urine to show that a driver had alcohol in their system when they were driving and the ability of law enforcement officers to collect such evidence arises from the Commonwealth’s implied consent law.

Implied consent laws operate in the following way. When a person gets their driver’s license and begins to operate on our roads, they implicitly agree to undergo blood alcohol testing when they are suspected of driving under the influence. Anyone who drives in Virginia implicitly agrees to such testing, even if they hold an out of state license.

Blood alcohol concentration evidence can be difficult to refute when a driver is charged with a DUI crime. While criminal defense attorneys can help their clients find strategies for overcoming their legal hurdles, they may also help them identify ways of mitigating the harm their DUI charges will impart. This post offers no legal advice and encourages readers to seek their own counsel for their DUI and criminal defense needs.

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