Does a civil charge of refusal to give a blood test in a dui case violate probation?

Asked over 3 years ago - Roanoke, VA

i am on probation and was first charged with dui but when i blew 0.00 at the station they wanted to take a blood sample and i refused. does that violate probation sense a first time refusal is a civil charge and not a criminal charge?

Attorney answers (3)

  1. Timothy Kevin Wilson

    Pro

    Contributor Level 15

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    Answered . The wording of your question is not clear, but I am going to make some assumptions and give you an answer.

    I am assuming you were placed on probation after being convicted of another criminal offense which you did not mention, and that your arrests for DUI and Refusal came after you were placed on probation.

    Assuming this to be true, both arrests could be considered violations of probation. Although probation terms vary, they all include some requirement that you not violate any laws. You should consult the rules of probation to see what specific wording is used and see if it is limited to criminal laws. Even though Refusal is civil and the only sanction is the revocation of the privilege to drive, I believe that a court would likely view a conviction for either DUI or Refusal as a violation of the terms of your probation. Furthermore, I have seen courts find that the terms of probation have been violated by the mere fact of an arrest - without even waiting to see whether the person was convicted.

    It is important that you retain an experienced and successful Virginia Criminal Defense Lawyer to assist you with this matter.

    For important answers to other Frequently Asked Questions about DUI, Criminal and Traffic Offenses in Virginia, visit my website at: http://www.tkevinwilsonlawyer.com/faq.cfm.

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    , you have been found guilty of violating the law - and therefore, despite Refusal being civil, could be found

  2. Erick Masten Platten

    Pro

    Contributor Level 18

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    Lawyer agrees

    Answered . Hello there,

    If this refusal is from the same transaction being the same first DWI it will not be a violation of your probation.

    People need to understand that there are two types of violations. One and new criminal offense and Second, a technical violation. A technical violation could be not doing community service or paying probation fees etc.

    Sincerely,

    Erick Platten

  3. Phillip Darrell Kimbrell

    Contributor Level 15

    1

    Lawyer agrees

    Answered . the DUi arrest would probably violate the terms of your probation

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