Is Virginia’s DUI Refusal Law Constitutional? Ask the Arlington-Fairfax Attorney
Question: I was charged with DUI and Refusal. Is Virginia’s Refusal law constitutional? I never affirmatively agreed to a breath test — Virginia just “implied” my consent and now I’m being punished for revoking a consent I never actually made. Since when can one impliedly waive a constitutional right? Answer: The United State Supreme Court recently held that it is unconstitutional for demand a blood sample from one arrested of DUI (drunk driving) without a…
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