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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 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 DUI in Virginia, 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