Virginia

Virginia governor signs new DUI law

WISE COUNTY, Va. - A new law signed by Virginia Governor Terry McAuliffe sets new procedures for drunk driving cases.

The U.S. Supreme Court issued a ruling last June, noting the difference between breath and blood tests during drunk driving stops. That ruling specified that a blood draw is much more invasive to a driver.

The ruling also encouraged officers to obtain a search warrant when drawing blood.Wise County Commonwealth's Attorney Chuck Slemp told us the new law passed in Virginia provides clarity.

"This law makes that requirement a little bit easier. It says that the magistrate's office needs to give preference to those DUI search warrants, so we don't have any loss of evidence by someone's blood dissipating in volume," Slemp said.

Wise County has large DUI docket, prosecuting about 400 cases each year. Slemp told News 5 the new state law reaffirms the requirement of implied consent that you consent to a blood or breath test if you drive on Virginia's highways.

The law provides civil and criminal penalties for refusing those tests.


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