If you are driving on the roads of Maryland, Virginia or the District of Columbia, you have given an implied consent to submit to breath test or blood testing should you be pulled over for suspicion of driving drunk. If you refuse to allow testing, you could face serious civil consequences in addition to the criminal DUI/DWI charges. You need an experienced attorney on your side.
You Have Questions About Breath Test Refusal...We Have Answers.
At the Fairfax County law office of Kearney, Freeman, Fogarty & Joshi, PLLC, we provide aggressive advice and defense representation to clients facing drunk driving charges in Northern Virginia, Maryland, and Washington D.C. We know the law and we have the knowledge necessary to help you fight against drunk driving charges and related civil penalties. Contact Kearney, Freeman, Fogarty & Joshi, PLLC, to discuss your case.
Pulled Over for Drunk Driving? Know Your Rights.
Many people are confused about implied consent laws and breath test refusal. If you are pulled over for suspicion for drunk driving, you may be asked to submit to a breath test. This is known as a preliminary breath test (PBT). Unfortunately, these machines can and frequently do prove to be inaccurate, giving false or inflated results. However, these false results could very well give the officer the probable cause to arrest you for DUI/DWI and take you to jail. You do have the right to refuse the roadside, preliminary breath test. It is true that you may be arrested simply due to your refusal and the officer's suspicion of your intoxication, but at least potentially false or incriminating evidence from the roadside breath test cannot be used against you in court.
Once arrested, the officers must read you your rights and give you information about the implied consent laws. Implied consent means that by driving on public roads, you are giving your implied consent to have your breath or blood tested if under suspicion for drunk driving. At the police station, you will then be asked to submit to an evidentiary breath test or blood test. Keep in mind, if you refuse the breath or blood test at the police station, under implied consent laws, your driver's license will automatically be revoked for a period of one year.
- 1st offense refusal: 12-month license revocation; no restricted license
- 2nd offense refusal: 3-year license revocation; no restricted license
- 3rd offense refusal: permanent license revocation
If you refuse the breath or blood test at the police station, you essentially will face potential penalties for the DUI/DWI charges as well as the refusal regardless of whether you were actually driving under the influence. Our years of experience have given us strong negotiating abilities; in many cases, we are capable of getting the refusal charges dismissed, reducing the potential penalties our clients face.
Talk to an experienced DUI/DWI lawyer about your case. Contact Kearney, Freeman, Fogarty & Joshi, PLLC for a free consultation.
