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Breathalyzer Refusal

Did You Refuse to Take the Breathalyzer Test?

Under Virginia law, a driver's license is a privilege extended to you by the state. It is not a right. No matter what reason you may have had for a breathalyzer refusal, it means that you are giving up your right to fight against the automatic suspension of your driver's license. A breathalyzer test refusal means a one year mandatory minimum loss of your driver's license and will be included as an additional charge along with the other DUI charge.

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As your attorney, I will work with the prosecutor to get the refusal charge dropped and fight for a reduction to a straight DUI charge or a dismissal of charges, if the police had no legitimate reason for making the traffic stop and charging you with DUI. When we discuss the circumstances of your charges during your free initial consultation, I will examine the evidence against you and help you understand your legal options. Often, the prosecutor will drop the breathalyzer refusal in exchange for a straight DUI charge.

Refusing to take a field sobriety test or a breathalyzer refusal does not mean that you are guilty. Challenging the BAC test is just one component of your total DUI defense. My firm looks at the entire picture and fights aggressively to protect your rights throughout your case.

Contact my offices in Fairfax for a free consultation about your drunk driving charge. As your lawyer, you will have the full weight and experience of more than 3,500 traffic law cases in your corner.

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Robert T. Dearborn Law Office
10523A West Drive
Fairfax, VA 22030
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