Implied Consent: What You Should Know

At Jeffrey L. Everhart, P.C., I dedicate my practice to defending you from the penalties of the justice system. I also educate my clients about Virginia’s complex criminal laws. When it comes to implied consent, there is a lot to know. It is one of the more confusing aspects of our state’s laws regarding driving under the influence (DUI) and driving while intoxicated (DWI).

What Is Implied Consent?

When you operate a motor vehicle or boat in Virginia, you give law enforcement officers your implied consent to perform breath or blood tests if they have probable cause to suspect that you are intoxicated. If you refuse a breath or blood test, you could face the suspension of your driver’s license for up to one year. You can, however, refuse to perform field sobriety tests without incurring a penalty.

Underage Drivers Still Face Harsh Penalties

Juvenile offenders and drivers under the age of 21 are not exempt from the implied consent law. The penalties for driving under the influence of drugs or alcohol remain severe. Consequences may include:

• Alcohol or drug education treatment
• Installation of an interlock ignition device
• Expensive fines
• License suspension or revocation
• Vehicle impoundment

Remember – just because you refuse a blood alcohol test does not mean the state cannot charge you with a criminal offense.

Ask More From An Attorney

If you face criminal charges involving DUI or DWI, I can help you. I have the knowledge and experience of implied consent laws to help you fight for your rights. You can contact my office in Henrico to schedule an initial consultation with me. To reach me, call 804-212-1363 or send me an email.