Understanding Implied Consent In Virginia & Other States

Many states including Virginia have implied consent laws

. These laws make it mandatory for anyone with a drivers license to consent to chemical tests to determine their blood alcohol content. You must understand these to be aware of your rights and options.

Many motorists in Virginia refuse to submit to a BAC (blood alcohol count) test as the results could be used as evidence against them in a DUI case. However, the police ask drivers lawfully arrested to submit to a test under implied consent to convict the motorist of drunk driving. If the arrested person refuses to submit for a test, then they are informed by the police of violating the law and facing the penalty of automatic license suspension by refusing to be tested. The situation gets even more complicated as in some states the refusal can lead to stricter penalties. For example the refusal to get tested can be either an offense in itself or can form the basis of an enhanced sentence (after being convicted in a DUI case).

The only respite for motorists is that the police officer must have a substantial cause or grounds to think that the motorist is drunk or under the influence of alcohol, before he can request for a chemical test. DUI and criminal lawyers have often challenged the implied consent statutes as a violation of the motorists' constitutional rights. But, the courts have dismissed the statutes as being a violation of constitutional rights on the ground that driving is a privilege subject to reasonable regulation.

Courts have ruled that the statutes do not violate motorists' Fourth Amendment protection from unreasonable search and seizure or motorists' Fifth Amendment right against self-incrimination.

Like Virginia, every state has some twinges and additions to the implied consent law. Some states having the implied consent laws make it mandatory for the officer on duty to inform people refusing to get them tested, about the gravity of their actions. This means that in some states the motorists are warned of the possible consequences of refusing a test, and in some states the motorists have the right to consult an attorney before make a decision about agreeing to have them tested. Now this right to speak to an attorney is limited as the delay caused in the process can render the medical tests useless.

The implied consent statutes in some states require the police officer to notify the motorist of the right to an additional independent chemical test. Under this right, a motorist can get an independent chemical test done by a doctor of his choice. However, the leading criminal lawyers have termed this right of an independent test as illusory. This is because most drunk drivers are usually arrested during odd hours making it impractical to do such tests in those off times. Also the states follow the law that a motorist's inability to obtain an additional test will not preclude evidence of the test taken by a police officer.

You must know that if the police hinder somebody wanting to take an independent test, then in most states, it can be clear violation of their rights. Now that you know what the laws are in Virginia and other states, make sure you can safeguard your rights on the road. Remember to hire a respected and renowned DUI lawyer Virginia Beach has many reputable law firms and all you have to do is choose one of them.

by: Jennifer Daisey

POST COMMENT

How To Get Free Cell Phones Without A Service Plan Subscribing To Mobile Networks For Free Cell Phones Best Wind Turbine: What 3 Things Makes One Better Than Another? Valued Opinions - Just Another Paid Surveys Opportunity? Htc Phones Complement Your Lifestyle Another Sneaker By Jordan Brand Is Poised To Take Off Subsequent 2009 Del Mar Development Offers A Level Of Privacy Unavailable From Other Los Cabos Resorts Managed Network Service: Enables You To Experience A World Of Smoother Connectivity Cape Town - The Mother City Of South Africa The Basics Of Becoming A Surrogate Mother Mobile Phones More Necessity Than Luxury For Indian People The Benefits Of Pay As You Go Phones Advantages Of No-contract Phones