refusal

Virginia DUI case negotiations will be affected significantly by the July 1, 2020, law change concerning the scope of permitted driving for those convicted of drinking and driving. As a Fairfax criminal lawyer, I know that a DUI conviction means one year of suspended driving...

Unreasonable refusal convictions for declining to be breath or blood tested for blood alcohol content, amount to a civil offense for a first charge and a criminal conviction for a subsequent offense (after a prior conviction for DWI or refusal). As a Fairfax criminal lawyer,...

Refusing pre-arrest breath testing in a Virginia DUI investigation is wise when one has consumed any alcohol, as this is a voluntary test and the testing can be even more inaccurate than the already-inaccurate Intox EC/IR II breath testing machine that is used post-arrest for...

Refusal convictions are what such a high number of Virginia DUI defendants want to avoid that many are ready to plead guilty or no contest/nolo contendere to the parallel DUI charge in a deal to consequently enter as nolle prosequi/ not prosecuting the remaining...

Fairfax DUI defense and DWI defense throughout Virginia often also includes defense against charges of unreasonably refusing to submit to a breath or blood test for blood or breath alcohol content (BAC).

The Virginia prosecutor has the burden to prove beyond a reasonable doubt that the defendant unreasonably refused to submit to a breath or blood alcohol test; the defendant does not need to prove s/he reasonably refused (although having a good reason to refuse can help...