Persons driving in Virginia are subject to the implied consent law. This means a Virginia resident or out-of-state driver operating a motor vehicle in the commonwealth is deemed to have given consent to have their blood, breath, or both blood and breath taken for a chemical test to determine their blood alcohol concentration (BAC) post-arrest.
It’s crucial to be adequately informed about this law to know when and how it can be applied. Here is what you need to know:
Violations that lead to the application of the law
If the police have reasonable cause to believe a driver is driving under the influence of alcohol or any other drug, they can arrest the driver and use a chemical test to determine their BAC. This also applies to drivers under the age of 21.
Further, the police can test the BAC level of a driver caught driving after a forfeiture of their license. This can happen if the driver’s license was restricted, suspended or revoked because of a violation of certain laws, including:
- Driving while intoxicated
- Driving a commercial vehicle while intoxicated
- Refusal of tests
- Certain conduct that’s punishable as involuntary manslaughter
- Maiming, etc., of another resulting from driving while intoxicated
Law enforcement officers are required to perform the test within three hours of the alleged offense. Additionally, they should advise the driver about their right to observe the process of analysis and to see the blood-alcohol reading on the breathalyzer. And if the equipment automatically produces a written printout, the driver has the right to the printout or a copy.
It’s unlawful for a driver in Virginia to refuse to have their samples of breath or blood taken for a chemical test to determine their BAC. If you have been accused of this offense, consider legal guidance to understand if mistakes occurred in the application of the implied consent law.
