Legal Question in DUI Law in Virginia

Refusal to test, and DUI in Virginia

I wrecked my truck into a tree and when the officers arrived refused the breath test. I was taken and admitted to a trauma unit at a local hospital, and then charged with a DUI several days later. Can I fight the refusal because of my head trauma? I didn't know what was happening at the time, only that I was hurt.


Asked on 5/08/08, 9:46 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Refusal to test, and DUI in Virginia

Yes, of course, you can defend against the charge of refusing a breath test by having a trial on the matter. However, whether what you've described would be sufficient to warrant an acquittal on this charge would be up to the trier of fact(the judge in this case)who would rule on the matter after hearing all of the evidence.

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Answered on 5/08/08, 11:11 am


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