DoI have to take a blood, breath, or urine test if asked to do so by thepolice?

 

A: You have the right to refuse a chemical test (blood, breath or urine), but almost every state, including Virginia, has an "implied consent" law. Under such laws a refusal may result in a suspension of your driver's license.

A first offense or refusing to take a blood or breath test in Virginia is a twelve month suspension. Subsequent convictions are criminal in nature which can result in suspensions of up to three years, jail confinement of up to one year, and a fine of up to $2,500.00.

The license suspension for failure to take a blood or breath test can be upheld even if you are found not guilty of the drunk driving charge. Additionally, if the case goes to trial the prosecutor can bring to light the fact that you refused to take the test, which may lead jury members to conclude that you refused the test because you were, in fact, drunk.