What Happens If I Refuse to Take a Breath Test in Virginia? (Part B)

What are the penalties for refusing a breath test at the police station?

If you are convicted of refusing to submit to a breath or blood test under Virginia's implied consent law, this is a civil violation which means that you cannot be sent to jail. However, a conviction for refusal may result in a $500 fine, as well as a suspension of your driver's license for a period of 1 year. The amount of time for the license suspension is not for a judge to determine, nor can it be negotiated in a Virginia DUI defense.

If you are convicted of violating Virginia's implied consent law, your license will be suspended for 1 year, and you will not be permitted a restricted license.

It is also important to keep in mind that these penalties are for a first offense only. Subsequent refusals for a breath or blood test in violation of Virginia's implied consent law are misdemeanors that carry consequences such as 6 to 12 months in jail, large fines, and loss of your driver's license.

Therefore, it is up to you to determine how to handle the situation. Saying no to a roadside breath test may not give the police officer enough evidence to arrest you. On the other hand, if you are arrested anyway and refuse a breath or blood test again, which goes against Virginia's implied consent law, you may be dealing with additional penalties.

How can a Virginia DUI defense attorney help me?

Virginia DUI Defense Attorney Bob Battle has the experience and ability to help his clients mount 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.

Urgent - the Clock is Ticking!

From the moment you are charged with a DUI, the clock begins to tick.

• If you want to try to get your license back, you have less than 5 days to hire a lawyer.
• Your trial date is almost always less than 2 months from the date you were charged and, thus, waiting just 14 days to hire a lawyer could severely handicap your defense

Former Prosecutor Bob Battle reveals the TRUTH about lawyer website hype & B.S.! His FREE Consumer Guide "How to Choose a DUI Lawyer in Virginia" arms you with the 10 Questions you must ask to have the best chance of winning your DUI case. Don't hire Bob Battle or ANY lawyer until you get straight answers to these questions, including: 

• Who is going to be my lawyer at trial?
• What are his/her qualifications?
• Are they AV rated? "AV" = Highest rating possible for Legal Ability and Ethics
• Are they a former prosecutor?
• Where did they prosecute?

Time is short. A DUI conviction has the potential to ruin your job, family, life, and freedom. Get your FREE copy today!

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FREE Consumer Guide
How to Choose a DUI
Lawyer in Virginia

Controversial FREE Consumer Guide from Former Prosecutor Bob Battle reveals the TRUTH about Lawyer Website Hype & B.S.!

If you have a pending DUI, this is the book that gives you the critical information you need to choose the right lawyer - we GUARANTEE this book will not waste your time.

Questions you must ask of any lawyer

How to Avoid hiring a lawyer who is "Asleep at the Wheel" of your DUI Case

20 Mistakes lawyers make that Lose WINNABLE cases for their clients

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DISCLAIMER: THE RESULTS OF SPECIFIC CASES REPORTED ARE NOT MEANT TO BE A PREDICTION OR GUARANTEE OF ANY OTHER CASE. EACH CASE CONSISTS OF FACTORS UNIQUE TO THAT CASE.

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