Virginia Breath Test Refusal

Virginia’s Implied Consent Law makes it unlawful for any driver using a public Virginia roadway to refuse to submit to a chemical test if properly requested by police. Therefore, if you have refused to take a blood or breath test, you could face harsh penalties. These penalties are in addition to any other penalties incurred by a DUI conviction.

If you are convicted of a first breath test refusal, your driver’s license will be taken away for 1 year. During this time, you will not be able to apply for a restricted license. For a conviction of a second DUI breath test refusal, your license will be suspended for 3 years. An additional term of punishment also applies and can include up to 6 months in jail and a $1,000 fine. As you may have guessed, the penalties for a third breath test refusal are even greater. Your license can be taken away for 3 years and you may spend up to 12 months in jail. The fine maximum will increase to $2500.

We urge you or a loved one to contact the Boone Beale law firm today for a breath test refusal charge. This is a serious charge in and of itself!