People often ask whether they should consent to a breathalyzer test when they are stopped in Virginia on suspicion of drinking and driving.  Refusing to submit to a breathalyzer test carries severe penalties in the Commonwealth of Virginia.

Virginia Code Section 18.2-268.2 provides that every driver, regardless of whether he or she is licensed by the Commonwealth, as condition of operating a motor vehicle in the state, is deemed to have consented to have samples of his or her blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood within three hours of the alleged offense.  A driver’s refusal to do so results in the suspension of his or her license for either 1 or 3 years depending on whether it is the first offense.  Importantly, the suspension is in addition to the penalties imposed for the DUI conviction.

A first violation for refusing to submit to a chemical test is a civil offense, and subsequent violations are criminal offenses.  The penalty for a first offense is license suspension for 1 year.  A driver will be found guilty of a Class 2 misdemeanor for a second offense within 10 years prior to the date of the first refusal, and his or her license will be suspended for 3 years.   A driver will be found guilty of a Class 1 misdemeanor for a third offense within 10 years, and his or her license will be suspended for 3 years.

If you have been charged with a DUI in Virginia, please call the attorneys at Patel & Williams, PLLC.