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Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
Welcome to Fairfax Underground, a project site designed to improve communication among residents of Fairfax County, VA. Feel free to post anything Northern Virginia residents would find interesting.
What happens if you refuse a brealizer test in VA?
Posted by:
woof
()
Date: June 10, 2013 12:07AM
I'm not in any trouble...it was conversation at dinner and nobody knew the answer. If you get pulled over and asked to do a breathalizer test, is it smarter to comply or refuse?
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Young Curmudgeon
()
Date: June 10, 2013 12:09AM
You should comply, as it's a crime to refuse. It's implied consent.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
mWtNL
()
Date: June 10, 2013 12:30AM
You still get a DUI. Best thing to do is never talk to the police officer if you get pulled over, refuse any sort of roadside test with a head nod and keep your mouth shut and only show him your ID and registration when he or she first approaches your car.Regardless you will go to jail but it will make it more difficult for them to prove you were driving under the influence.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Liberal Logic 09
()
Date: June 10, 2013 12:50AM
You lose your license for 6 months to a year automatically as well as the automatic night in jail.
Theyll still get your BAC at the station which they can take whether or not you refuse
Theyll still get your BAC at the station which they can take whether or not you refuse
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Better advice
()
Date: June 10, 2013 03:14AM
Young Curmudgeon Wrote:
-------------------------------------------------------
> You should comply, as it's a crime to refuse. It's
> implied consent.
If you are pulled over and you KNOW you are going to fail the test, then you should refuse any and all tests. You have nothing to lose by refusing the test IF you know that you will fail it.
Yes, in itself, refusing will get your license suspended for a year, but taking the test, which would all but assure your DUI conviction will get your licence suspended as well. Plus, you'll have a DUI on your record.
Refusal of the test is the only SLIM chance you have of beating the DUI in court since there is no definitive evidence that you were drunk.
Never provide evidence against yourself to the police, i.e. the brethalyzer.
-------------------------------------------------------
> You should comply, as it's a crime to refuse. It's
> implied consent.
If you are pulled over and you KNOW you are going to fail the test, then you should refuse any and all tests. You have nothing to lose by refusing the test IF you know that you will fail it.
Yes, in itself, refusing will get your license suspended for a year, but taking the test, which would all but assure your DUI conviction will get your licence suspended as well. Plus, you'll have a DUI on your record.
Refusal of the test is the only SLIM chance you have of beating the DUI in court since there is no definitive evidence that you were drunk.
Never provide evidence against yourself to the police, i.e. the brethalyzer.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Better advice
()
Date: June 10, 2013 03:17AM
Basically, it is far more adventurous to take the risk being convicted of both a DUI and a test refusal than to assure your conviction of a DUI by taking the test.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Liberal Logic 09
()
Date: June 10, 2013 03:33AM
Better advice Wrote:
-------------------------------------------------------
> Young Curmudgeon Wrote:
> --------------------------------------------------
> -----
> > You should comply, as it's a crime to refuse.
> It's
> > implied consent.
>
>
> If you are pulled over and you KNOW you are going
> to fail the test, then you should refuse any and
> all tests. You have nothing to lose by refusing
> the test IF you know that you will fail it.
>
> Yes, in itself, refusing will get your license
> suspended for a year, but taking the test, which
> would all but assure your DUI conviction will get
> your licence suspended as well. Plus, you'll have
> a DUI on your record.
>
> Refusal of the test is the only SLIM chance you
> have of beating the DUI in court since there is no
> definitive evidence that you were drunk.
>
> Never provide evidence against yourself to the
> police, i.e. the brethalyzer.
Except for the fact that when you get to the station they take your BAC anyway by force if necessary.
The refusal is essentially banking on the fact that youll sober up by the time they get their other test at the station. Once your under arrest the only thing you can refuse to do is talk.
If youre borderline drunk that may be a good gamble. If youre wasted out of your mind its not going to do anything. Even if youre borderline you better hope there wasnt a dashboard cam recording you failing the pre-breathalyzer tests miserably if thats why they want to test you.
-------------------------------------------------------
> Young Curmudgeon Wrote:
> --------------------------------------------------
> -----
> > You should comply, as it's a crime to refuse.
> It's
> > implied consent.
>
>
> If you are pulled over and you KNOW you are going
> to fail the test, then you should refuse any and
> all tests. You have nothing to lose by refusing
> the test IF you know that you will fail it.
>
> Yes, in itself, refusing will get your license
> suspended for a year, but taking the test, which
> would all but assure your DUI conviction will get
> your licence suspended as well. Plus, you'll have
> a DUI on your record.
>
> Refusal of the test is the only SLIM chance you
> have of beating the DUI in court since there is no
> definitive evidence that you were drunk.
>
> Never provide evidence against yourself to the
> police, i.e. the brethalyzer.
Except for the fact that when you get to the station they take your BAC anyway by force if necessary.
The refusal is essentially banking on the fact that youll sober up by the time they get their other test at the station. Once your under arrest the only thing you can refuse to do is talk.
If youre borderline drunk that may be a good gamble. If youre wasted out of your mind its not going to do anything. Even if youre borderline you better hope there wasnt a dashboard cam recording you failing the pre-breathalyzer tests miserably if thats why they want to test you.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
better advice
()
Date: June 10, 2013 03:46AM
>
> Except for the fact that when you get to the
> station they take your BAC anyway by force if
> necessary.
This is not true in Virginia without a court order.
You are not obligated to, nor should you ever incriminate yourself.
While every case is different, I can absolutely, unequivocally, guarantee you that almost any defense attorney will advise refusing all tests if you know you will fail.
How does one know they will fail? Say you just had 10 beers and went out for an ill planned joy ride.
> Except for the fact that when you get to the
> station they take your BAC anyway by force if
> necessary.
This is not true in Virginia without a court order.
You are not obligated to, nor should you ever incriminate yourself.
While every case is different, I can absolutely, unequivocally, guarantee you that almost any defense attorney will advise refusing all tests if you know you will fail.
How does one know they will fail? Say you just had 10 beers and went out for an ill planned joy ride.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Liberal Logic 09
()
Date: June 10, 2013 03:57AM
better advice Wrote:
-------------------------------------------------------
> >
> > Except for the fact that when you get to the
> > station they take your BAC anyway by force if
> > necessary.
>
>
> This is not true in Virginia without a court
> order.
>
> You are not obligated to, nor should you ever
> incriminate yourself.
>
> While every case is different, I can absolutely,
> unequivocally, guarantee you that almost any
> defense attorney will advise refusing all tests if
> you know you will fail.
>
> How does one know they will fail? Say you just had
> 10 beers and went out for an ill planned joy ride.
Right they do need a court order but that just means a simple call to the magistrate.
If you just had two or 3 beers and got caught you more than likely would be sober by the 2nd test which would give you a chance to get off, its still not assured though since being held for a few hours and getting a .07 is confirmation you were in fact drunk. You really need to get down to 0 or low enough that you can create reasonable doubt you were ever drunk.
But if you just slugged 10 beers and got caught youre more than likely youre going to fail for hours to come.
There is also the fact that if youre combative has have 0 chance of getting a break.
The real moral is just dont drink and drive theres no good outcome if you get caught. Best case you exploit the system and lose your license for year for refusing a test and everyone knows what that means.
-------------------------------------------------------
> >
> > Except for the fact that when you get to the
> > station they take your BAC anyway by force if
> > necessary.
>
>
> This is not true in Virginia without a court
> order.
>
> You are not obligated to, nor should you ever
> incriminate yourself.
>
> While every case is different, I can absolutely,
> unequivocally, guarantee you that almost any
> defense attorney will advise refusing all tests if
> you know you will fail.
>
> How does one know they will fail? Say you just had
> 10 beers and went out for an ill planned joy ride.
Right they do need a court order but that just means a simple call to the magistrate.
If you just had two or 3 beers and got caught you more than likely would be sober by the 2nd test which would give you a chance to get off, its still not assured though since being held for a few hours and getting a .07 is confirmation you were in fact drunk. You really need to get down to 0 or low enough that you can create reasonable doubt you were ever drunk.
But if you just slugged 10 beers and got caught youre more than likely youre going to fail for hours to come.
There is also the fact that if youre combative has have 0 chance of getting a break.
The real moral is just dont drink and drive theres no good outcome if you get caught. Best case you exploit the system and lose your license for year for refusing a test and everyone knows what that means.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
TCXhj
()
Date: June 10, 2013 04:41AM
the "court order" is not needed
they can forcibly take a blood sample, legally
this is a fact, and all laws have been put in order to grant this right to the police
they can forcibly take a blood sample, legally
this is a fact, and all laws have been put in order to grant this right to the police
Re: What happens if you refuse a brealizer test in VA?
Posted by:
pbnjp
()
Date: June 10, 2013 04:45AM
the test is not "offered" and you do not have a choice of whether to take it
you can not "refuse" the test on any legal basis
you can fight and argue, but you will be strapped down and blood drawn regardless of your wishes
you can not "refuse" the test on any legal basis
you can fight and argue, but you will be strapped down and blood drawn regardless of your wishes
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Mr GFR
()
Date: June 10, 2013 09:37AM
TCXhj Wrote:
-------------------------------------------------------
> the "court order" is not needed
>
> they can forcibly take a blood sample, legally
>
> this is a fact, and all laws have been put in
> order to grant this right to the police
Wrong. Not in Virginia. You have to have a search warrant to forcibly take blood from somebody.
Your a fucking dumb ass.
-------------------------------------------------------
> the "court order" is not needed
>
> they can forcibly take a blood sample, legally
>
> this is a fact, and all laws have been put in
> order to grant this right to the police
Wrong. Not in Virginia. You have to have a search warrant to forcibly take blood from somebody.
Your a fucking dumb ass.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
XGtu6
()
Date: June 10, 2013 11:05AM
fucking idiots, they cant force you to take any test even at booking. God damn some of you are retarded.
Re: What happens if you refuse a brealizer test in VA?
Posted by:
localboob
()
Date: June 10, 2013 12:22PM
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-268.2
by driving on virginia state roads, there is implied consent
" Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense. "
by driving on virginia state roads, there is implied consent
" Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense. "
Re: What happens if you refuse a brealizer test in VA?
Posted by:
Not True
()
Date: June 10, 2013 02:03PM
A drive has the right to refuse any and all roadside tests, without penalty.
At ADC they will not take your BAC by force, for being pulled over or during a DUI Checkpoint. They will obtain a warrant to draw your blood if you caused an accident, or injure someone while driving.
The roadside handheld breathalizer is not an accurate test for determining a persons BAC, but rather a quick field test, refusal of that test does not constitute "implied consent" nor does it violate 18.2-268.3. Once in ADC, and requested to submit to Breath, Blood, or Urine testing, refusal of that test to the person responsible for administering the test is a direct violation of 18.2-268.3.
However, if you look at people charged with refused blood/breath test the majority of them seem to Nolle Prosequi associated, meaning the DA decided not prosecute for the offense.
Liberal Logic 09 Wrote:
-------------------------------------------------------
> Better advice Wrote:
> --------------------------------------------------
> -----
> > Young Curmudgeon Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > You should comply, as it's a crime to refuse.
> > It's
> > > implied consent.
> >
> >
> > If you are pulled over and you KNOW you are
> going
> > to fail the test, then you should refuse any
> and
> > all tests. You have nothing to lose by refusing
> > the test IF you know that you will fail it.
> >
> > Yes, in itself, refusing will get your license
> > suspended for a year, but taking the test,
> which
> > would all but assure your DUI conviction will
> get
> > your licence suspended as well. Plus, you'll
> have
> > a DUI on your record.
> >
> > Refusal of the test is the only SLIM chance you
> > have of beating the DUI in court since there is
> no
> > definitive evidence that you were drunk.
> >
> > Never provide evidence against yourself to the
> > police, i.e. the brethalyzer.
>
> Except for the fact that when you get to the
> station they take your BAC anyway by force if
> necessary.
>
> The refusal is essentially banking on the fact
> that youll sober up by the time they get their
> other test at the station. Once your under arrest
> the only thing you can refuse to do is talk.
>
> If youre borderline drunk that may be a good
> gamble. If youre wasted out of your mind its not
> going to do anything. Even if youre borderline
> you better hope there wasnt a dashboard cam
> recording you failing the pre-breathalyzer tests
> miserably if thats why they want to test you.
At ADC they will not take your BAC by force, for being pulled over or during a DUI Checkpoint. They will obtain a warrant to draw your blood if you caused an accident, or injure someone while driving.
The roadside handheld breathalizer is not an accurate test for determining a persons BAC, but rather a quick field test, refusal of that test does not constitute "implied consent" nor does it violate 18.2-268.3. Once in ADC, and requested to submit to Breath, Blood, or Urine testing, refusal of that test to the person responsible for administering the test is a direct violation of 18.2-268.3.
However, if you look at people charged with refused blood/breath test the majority of them seem to Nolle Prosequi associated, meaning the DA decided not prosecute for the offense.
Liberal Logic 09 Wrote:
-------------------------------------------------------
> Better advice Wrote:
> --------------------------------------------------
> -----
> > Young Curmudgeon Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > You should comply, as it's a crime to refuse.
> > It's
> > > implied consent.
> >
> >
> > If you are pulled over and you KNOW you are
> going
> > to fail the test, then you should refuse any
> and
> > all tests. You have nothing to lose by refusing
> > the test IF you know that you will fail it.
> >
> > Yes, in itself, refusing will get your license
> > suspended for a year, but taking the test,
> which
> > would all but assure your DUI conviction will
> get
> > your licence suspended as well. Plus, you'll
> have
> > a DUI on your record.
> >
> > Refusal of the test is the only SLIM chance you
> > have of beating the DUI in court since there is
> no
> > definitive evidence that you were drunk.
> >
> > Never provide evidence against yourself to the
> > police, i.e. the brethalyzer.
>
> Except for the fact that when you get to the
> station they take your BAC anyway by force if
> necessary.
>
> The refusal is essentially banking on the fact
> that youll sober up by the time they get their
> other test at the station. Once your under arrest
> the only thing you can refuse to do is talk.
>
> If youre borderline drunk that may be a good
> gamble. If youre wasted out of your mind its not
> going to do anything. Even if youre borderline
> you better hope there wasnt a dashboard cam
> recording you failing the pre-breathalyzer tests
> miserably if thats why they want to test you.