Fairfax Attorney Defending Your Rights
If you've been stopped on suspicion of DWI in Virginia, you were probably asked to take a breath test. If you refused, you could be facing license suspension consequences. If you took it and blew over the limit, those results will be the most important evidence in your DWI case.
Either way, don't hesitate to contact me, Fairfax-based DWI defense attorney Lance D. Gardner, for a free consultation to discuss your options. Since 1983, I have been helping clients throughout Northern Virginia fight DWI and breath test refusal charges.
What Happens if You Refused the Breath Test?
When you obtain a driver's license in Virginia, you give your implied consent to take a breath test — sometimes called a breathalyzer test — if the police ask you to do so. If you refuse, you can be charged with a driving offense regardless of whether you are also charged with DWI.
If the court determines that your refusal to take the breath test was unreasonable, your driver's license will be suspended or revoked for a minimum of one year.
A first-time refusal is considered a civil infraction. But if you already have a refusal on your record, a second incident will result in a criminal charge, and if you are convicted, it will end up on your criminal record. In either case, an experienced defense lawyer may be able to help.
If you refuse the breath test, the police are required to inform you of your rights and give you another chance. If they did not do so, it may be possible to have your charges dismissed.
Can Your Test Results Be Challenged in Court?
If you took the breath test and your blood alcohol content (BAC) was measured at .08 or above, you still have options. If the police did not have reasonable suspicion to ask you to take the test, it may be possible to get the results thrown out and your charges dismissed.
In every DWI case, I carefully examine the test results and the calibration and service history of the machine. If your case goes to trial, I can require the operator to testify in court. Let me help you today. Contact my office to set up a consultation.
