DUI Blood Case

DUI Blood Case Lawyer in Arlington, Alexandria, Fairfax, Loudon and Prince William


If you are pulled over for suspicion of drunk driving, the arresting officer may use a blood or breath test to determine if you are intoxicated and charge you with driving under the influence (DUI) or driving while intoxicated (DWI). Virginia code 18.2-266 states that a person is intoxicated with a blood alcohol concentration (BAC) of 0.08 percent or higher, but they can also be convicted if they are “under the influence” of alcohol.

A breath test is the most common method used to determine a driver’s BAC, but sometimes a blood test may be used instead. Because many people would be inclined to refuse these tests, Virginia has enacted what is known as an implied consent law. An implied consent law sets the circumstances under which a driver has impliedly consented to provide a blood or breath sample for testing. It also has penalties for refusing to provide those samples.

If you’ve been charged with a DUI/DWI and submitted to a blood or breath test, make sure you understand your rights. A DUI charge is nothing to take lightly, and you must come prepared with an excellent legal defense. You need to act quickly because some defenses are time sensitive. The J. Madison PLC team has years of experience with DUI blood cases. Our attorneys can help you understand the laws involved with blood testing and how to defend against your DUI charge.

Implied Consent and Refusal Penalties

Virginia takes DUI/DWI charges very seriously, and therefore implemented an Implied Consent law (VA code 18.2-268.2). This law states that as long as you are arrested for DUI/DWI within three hours of driving on a public road, that you have consented to take a blood or breath test. If you refuse to take the test when asked by the arresting officer, you may face serious consequences.

The penalties for refusing a blood test depend on if you are a first-time or repeat offender, but in any case, they can seriously affect your driving record and reputation. If you don’t have a prior DUI/DWI, refusing to provide a blood sample could subject you to a 12-month license suspension. If you refuse while having one prior DUI conviction or a prior refusal conviction, you will be charged with a class 2 misdemeanor, face up to 6 months in jail, a 36 month license suspension, and up to a $500 fine. If you refuse with 2 prior convictions, you will be charged with a class 1 misdemeanor and have a maximum 12-month jail sentence, 36-month license suspension, and up to a $2,500 fine.

Defending Against a DUI Charge

The Implied Consent law makes it difficult to refuse a blood test without consequences, but if you’ve been arrested with DUI/DWI, it’s important that you understand how you can defend yourself in court. If the officer did not follow the proper procedures or arrested you without probable cause, you may be able to have your charges thrown out.

No matter the circumstances of your case, if you’ve been charged with a DUI/DWI, you should contact an experienced DUI attorney immediately. J. Madison PLC’s attorneys will protect your rights and fight to give you the most favorable outcome in court.

J. Madison PLC: Fighting for You

J. Madison PLC is a law firm in Northern Virginia that provides both employment and criminal legal defense services. Our attorneys are experienced, compassionate, and will make you their number one priority at every step of the way.

If you’ve been charged with a DUI or DWI, contact J. Madison PLC today at (703) 910-5062.

Former Arlington County prosecutor Benjamin R. Inman leads J. Madison PLC's criminal defense practice.

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