Violation of Implied Consent

Under Virginia Code § 18.2-268.3, any person who operates a motor vehicle on public highways in the Commonwealth is deemed to have given implied consent to yield a sample of their breath or blood if arrested for DUI. Unreasonably refusing to submit to a chemical test upon a lawful arrest results in a civil violation for a first offense, carrying an automatic, mandatory 12-month administrative driver’s license suspension with no option for a restricted driving permit. Subsequent refusals within ten years are charged as Class 1 misdemeanors.

Legal counsel handling implied consent cases in Southwest Virginia reviews whether law enforcement had sufficient probable cause to make the underlying DUI arrest and whether the required statutory warnings were properly read to the driver. Defense attorneys contest refusal charges in court alongside the underlying DUI prosecution, advocating for client driving privileges and challenging whether the refusal was legally "unreasonable" under the circumstances.