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 There are adverse consequences to refusing to submit to a breath or blood test: 
 
 Your driver's license will be suspended for one year; if this is a second offense, you will probably be charged with a criminal offense for such refusal. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license..  
 The fact of refusing can be introduced into evidence at trial as evidence of consciousness of guilt. Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough. 
 
 Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing.

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Bob Keefer: Virginia DWI DUI & Drunk Driving Lawyer representing people charged in Virginia with DWI DUI & Drunk Driving

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Q: Should I agree to take a chemical test? What happens if I don't?

A:

There are adverse consequences to refusing to submit to a breath or blood test:

  • Your driver's license will be suspended for one year; if this is a second offense, you will probably be charged with a criminal offense for such refusal. Unlike a suspension for having over .08% blood-alcohol, there is no possibility of obtaining a work-restricted license..
  • The fact of refusing can be introduced into evidence at trial as evidence of "consciousness of guilt". Of course, the defense is free to offer other reasons for the refusal, such as fear of needles or inability to blow into the machine hard enough.

Thus, the decision is one of weighing the likelihood of an incriminating blood-alcohol result against the consequences of refusing.


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