Legal Question in DUI Law in Virginia

Re: Right against self incrimination in DUI case.

S18.2-268.3 is the provision in the Virginia criminal code which provides for the prosecution

of a person who refuses to have the tests which

you have referenced, "after having been advised

by the arresting officer that a person who operates a motor vehicle upon a public highway

in the Commonwealth is deemed thereby, as a

condition of such operation, to have consented

to have samples of his blood and breath taken

for chemical tests to determine the alcohol

or drug content of his blood, and that the

unreasonable refusal to do so constitutes

grounds for the revocation of the privilege of

operating a motor vehicle in this Commonwealth"...

As you can see, you can refuse the tests,(preserving your right against self-incrimination),but you can also be prosecuted

for the refusal under S18.2-268.4, and if

convicted by either a judge or jury, your

license would be suspended for a period

of one year.

There are also administrative sanctions which

can be imposed by the DMV for refusing the

tests under S46.2-391.2 of the Motor Vehicle Code.