What does implied consent mean?

In Virginia, if you are arrested for driving a motor vehicle on a highway in the Commonwealth, you are deemed to have consented to have samples of your breath, blood, or a combination of both, taken in order to determine the level of alcohol, drugs, or a combination of both in your system. When it comes to implied consent there are a couple factors that should be considered. First of all, implied consent only applies if you were operating your vehicle on a highway in the Commonwealth. It does not apply if you were operating your vehicle on private property. Secondly, implied consent only applies if you were arrested within three hours of the time the alleged driving under the influence occurred. If the alleged intoxicated driving occurred more than three hours prior to your arrest, then implied consent is not valid to obtain breath or blood samples. If the implied consent statute applies to your situation and you refuse to provide a breath or blood sample, then you can be charged with refusing to provide that sample. The punishment for failure to provide a breath and/or blood sample depends on your prior criminal record. A first offense refusal is a civil penalty and the court is required to suspend your driver’s license for one year. If you have previously been convicted of a refusal charge or a driving under the influence charge within the past ten years, then a violation is punishable by up to six months in jail and/or up to a $1,000.00 fine, and requires a three year suspension of your driver’s license. If you have previously been convicted of more than one refusal charge, or more than one driving under the influence charge, or some combination of the two within the past ten years, then a violation is punishable by up to twelve months in jail and/or up to a $2,500.00 fines, and requires a three year suspension of your driver’s license. If you have been charged with refusing to provide a breath or blood sample, it is important to speak to an attorney to determine whether implied consent applied to your case and what sanctions you may be facing if convicted.