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What if I refuse to take the breathalyzer test because I want a blood test instead?
A: Under current Virginia law, you no longer have an option to choose between the Breathalyzer test and a blood test once you have been arrested for suspicion of DUI --- you HAVE to take the Breathalyzer.
The only exceptions are if you cannot physically do a Breathalyzer, or if you are in the hospital and the Breathalyzer is not available. Then you will be asked to give a blood sample to be tested for alcohol content.
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Law Chambers of Anton J. Stelly
P.O. Box 11276
6002A West Broad Street
Suite 205
Richmond, Virginia 23230-1276
Phone: (804) 726-4778
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