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What To Expect From Your Second DUI Offense (Part B)

What if I refused the breath test?

In the state of Virginia you do not have the option of requesting a blood test instead of a breath test. Prior DUI conviction or refusal of a breath test will result in a class 2 misdemeanor charge.

Will my license be suspended? Can I reinstate my driving privileges?

After a second DUI offense, your license will automatically be suspended for a minimum of 60 days or until you go to trial, whichever comes first. While typical DUI second offense cases result in a 3-year-suspension of driving privileges, restricted licenses can be obtained in as little as 4 months if your prior conviction happened more than 5 years before your second offense. If your conviction occurred less than 5 years ago, you will be allowed to appeal for a revoked license after 1 year.

Why should I involve a Virginia DUI defense attorney?

No lawyer can promise to get you out of the Virginia state minimum penalties, but a seasoned Virginia DUI defense attorney can help you avoid getting the maximum sentence. Having the guidance of a DUI defense attorney can help keep you from making common mistakes in your case that can result in further incrimination and harsher penalties.

Never trust a lawyer who guarantees a specific outcome or gives you a promised timeframe for the conclusion of your case
. No one, not even the trial judge, can determine the outcome or timeline of a DUI case before it happens.

If you have been arrested for DUI in Virginia, contact Virginia DUI Attorney Bob Battle to schedule your legal consultation today - 804-673-5600.


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  • Richmond Office
  • 1506 Willow Lawn Drive, Suite 121
    Richmond, VA 23230
  • Phone: 804.673.5600
  • Fax: 888.743.7228
  • Email: Bob Battle
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