Refusal Charge
I recently was arrested for a DUI in Virginia on private property. I refused the breath tests. An attorney told me that the refusal charge won't hold up since it was on private property. Is this true? If that's the case, all I am going to need to defend is the DUI charge...The prosecuters only have my field tests as evidence. Please let me know if there is a law somewhere stating that an individual can not be charged with a refusal on private property. THANK YOU!
1 Answer from Attorneys
Re: Refusal Charge
I know of no such Virginia law that necessarily exempts a person who has been apprehended on private property for DUI from taking a breath test as required under the implied consent statutes of the Commonwealth if the arresting officer has reasonable or probable cause to believe that the person had been previously operating a motor vehicle under the influence of alcohol or drugs on a public highway or road.
But, of course, the Commonwealth might not be able to make its case for refusal if it cannot be credibly demonstrated that the officer in fact did have such probable cause for such a belief.
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