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Can I Refuse a Breath Test at the Police Station In Virginia?

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When you were issued a driver's license in Virginia, you signed some papers in which you agreed to Virginia's implied consent law. This law states that if you are pulled over for a traffic violation, you must comply with the police officer's requests. While roadside breath tests do not fall under Virginia's implied consent law, the law does cover taking a breath or blood test at the police station when an officer requests you to do so.

If you do refuse a breath test at the police station, you will be arrested for violating Virginia's Implied Consent Law.
This is a separate charge from your Virginia DUI and will carry separate consequences.

If you are convicted of violating Virginia's implied consent law, the first offense is a civil violation. The penalties for violating Virginia's implied consent law include: 

  • A $500 fine; and
  • A 1 year driver's license suspension. 

If you are convicted of violating the implied consent law, a DUI defense attorney cannot negotiate the length of your license suspension. Your driver's license will be suspended for 1 year and you will not be permitted a restricted license.

It's also important to know that while your first offense is a civil violation, any second or subsequent refusals are actually criminal charges that may include 6-12 months of jail, large fines, and the loss of your driver's license. 

If you are pulled over under the suspicion of a Virginia DUI, you may want to know what will happen if you refuse to submit to a breath test. You can learn more about refusing a breath test in Virginia by visiting our article library. 

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients build a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
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