Originally Posted by
marlinspike
Interesting. Other states do that too, but they have the option to force a blood draw. They usually don't for alcohol because there are enough other things to convict, but DUI for drugs can be harder to prove (can, not is) without a test, so they have the authority to force the blood from you. I think it's compelled self-incrimination, but I don't get to say what is and is not constitutional.
Oh, I just saw that in VA it's not just that they charge you anyways if you refuse but you lose your license for 12 months and can't get a restricted license. That's messed up. In NC it was just if you refuse you lose it for 30 days, and then trial proceeds as usual. That's pretty ridiculous that VA penalizes you beyond the penalty for being guilty of DUI for refusing to submit to their unreliable (Intoxilyzer sucks) test.
Why else would you refuse a breath or blood test? of course unless you have something to hide.. Which is why they go ahead and hit you up on the charge anyways.. regardless you shouldnt be out there fucked up and driving