DUI / DWI Case Study
Whether the defendant's refusal to submit to a breathalyzer test could be used as evidence of guilt at trial.
The court held that evidence of the defendant's refusal to submit to a breathalyzer test is admissible at trial as evidence of consciousness of guilt. The court affirmed the conviction, finding that the jury could properly consider the refusal in determining whether the defendant was intoxicated.
Refusing a breathalyzer test in Virginia results in an automatic license suspension and the refusal can be used against you at trial. However, refusal also deprives the prosecution of its most powerful evidence — a BAC reading above the legal limit. D.J. Rivera advises clients on the strategic implications of breathalyzer refusal and develops defenses that address the refusal evidence.
This case involves § 18.2-268.3 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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