Can Virginia Drivers Refuse A Breath Test?

If the police pull you over on the suspicion of drinking and driving, you will most likely be asked to take a breathalyzer test. In Virginia, you can refuse a preliminary breathalyzer test on the side of the road if you would like. However, if you refuse a breathalyzer test at the police station, you may be looking at other penalties besides a DUI charge. At Sevila, Saunders, Huddleston & White, we have close to 70 years of combined experience amongst our traffic team.

What Is Virginia's Implied Consent Law?

Virginia is an implied consent state. This means when you applied for a driver's license, you agreed to take any test that would determine sobriety after an arrest. Refusing to take a breathalyzer test can result in significant penalties:

  • First offense can lead to a one-year license suspension
  • Second offense may result in a three-year license suspension (if the first offense occurred within the last 10 years)
  • The third offense will result in a three-year license suspension

These penalties are in addition to other penalties that you can receive because of a DUI conviction, including fines and jail time. You may also face consequences if you committed other traffic citations such as reckless driving.

Our team of lawyers are highly experienced and knowledgeable when it comes to your DUI defense. We will work with you to build a strong defense to help you obtain the best results possible.

Refused A Breathalyzer Or Charged With A DUI? We Can Help.

We help our clients with all DUI-related charges. If you would like to speak to an attorney, contact us online or give us a call at 703-468-0432 (toll free at 800-239-4122).