Understanding Implied Consent Law

Implied Consent Law

In Virginia, any driver on the road has already consented to taking a breath or chemical test if there is probable cause you are operating a vehicle under the influence of drugs or alcohol.

This means if you are suspected of driving under the influence of either and you refuse to submit to a test, you will likely lose your driving privileges if found guilty. At trial, the person may face both a DUI as well as a Refusal to Submit, but the prosecutor will have to prove the DUI without any chemical evidence, which can be quite difficult.

As a defendant, you may lose your driving privileges for a year for refusing to submit to a breath test or chemical test.

If you have previously been convicted of a DUI or a Refusal to Submit within 10 years and you are convicted again, you will lose your license for three years. The charge is also changed to a criminal charge and you may be facing up to six months in jail or more with subsequent offenses.