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Richmond, VA 23219
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If you have recently been pulled over and charged with driving under the influence (DUI) in Richmond, VA, you may have had to submit to a chemical test. This blood, breath or urines test is used to determine your blood alcohol content (BAC.)
In Virginia, you are legally considered driving under the influence if your BAC is .08 percent or higher. You may be considered under the influence with a lower BAC is your ability to operate a vehicle is impaired.
After the law enforcement agent determines that you are under the influence of drugs or alcohol, your license may be suspended. If this is your first offense, you will face an automatic administrative license suspension for seven days. For a second offense, this suspension will last sixty days. However, for a third offense, your license will remain suspended until the date of the trial.
Drivers under the age of 21 will face an administrative license suspension for a BAC of .02 percent or higher.
Did you know that even if you refuse to take a chemical test you can still lose your license? This is due to “implied consent.”
Implied consent comes from the documents you sign when applying for your driver’s license. When you sign this, you agreed that you would comply with a police officer’s requests when pulled over for a traffic stop. Part of what you agreed to is that you would take a blood, breath or urines test if a law enforcement agent suspected that you were driving while impaired.
While it is legal for you to refuse to take sobriety or blood, breath, or urine tests, your license can still be put into administrative suspension. This suspension is the same as if you had a BAC of .08 percent or higher.
You, or your attorney, can challenge this suspension by going back to the court in the location where the arrest took place. You may request that the court provides you with a restricted operator’s license so you can drive to school or work.
If you are interested in learning more about license suspension in Richmond, you can contact the attorneys at the Law Offices of Boone Beale today. We offer a free, no obligation consultation.
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