Virginia Breath Test Refusal

Did you know that you may lose your driver’s license and face penalties if you are pulled over on suspicion of driving under the influence in Virginia and you refuse to take a blood, breath, or urine test?

Under Virginia’s Implied Consent Law, this is entirely possible. When you applied to get your driver’s license, you agreed to implied consent. This means that if you are pulled over by a police officer during a traffic stop, you would comply with his or her requests. This includes taking a chemical test to determine your BAC (blood alcohol content).

During your traffic stop, the police officer should read you an implied consent notice before asking you to take a chemical test. If he or she does not read the notice, it is important that you tell your attorney.

Refusing to take a chemical test will subject you to harsh penalties. These implied consent penalties are in addition to any other penalties you face should you be convicted of DUI.

If you are convicted of a first offense refusal, your driver’s license will be suspended for one year. You will be ineligible to apply for a restricted license, which would allow you to drive to and from work or other necessary locations. For a second test refusal, your license will be suspended for three years. You may also be sentenced to six months in jail and fines of up to $1,000.

For a third test refusal, your license will be suspended for three years and you may be sentenced to 12 months in jail. Your fines will also increase to $2,500.

If you have recently been arrested for refusing to take a breath test, it is in your best interest to contact an attorney as soon as possible. A good attorney will work to have your DUI charges minimized or even dropped.