What are the Consequences of Refusing a Breathalyzer Test in Virginia?

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What are the Consequences of Refusing a Breathalyzer Test in Virginia?

If you were charged with refusal to take a breathalyzer test, you will face severe consequences. Do not wait to reach out to our skilled Virginia criminal defense attorneys to begin building your defense. Our firm is dedicated to ensuring that you and your future are a priority.

Why should I take a breathalyzer test?

When applying for a driver’s license in Virginia, the fine print includes a consent portion. When you sign the papers, you are agreeing to take a breathalyzer test if an officer requires you to. The fine print directly states that you must submit to a blood or breath test if you are pulled over for a traffic offense.

Virginia will charge you for violating its implied consent law if you were pulled over as a result of suspicion of driving under the influence of alcohol, and you refuse to take a breath or blood test at the police station. It is important to note that these charges will be separate from a DUI charge.

What if I refuse a breathalyzer test?

You will face a civil violation if you refuse to submit a lawfully requested breath test under Virginia’s implied consent law. This means that you cannot be sent to jail, however, you may have a $500 fine and a suspension of your driver’s license for one year. The license’s suspension period is determined by a judge and it cannot be adjusted.

If you have a record of refusing a breath test or a DUI conviction in the last ten years, you will be charged with a misdemeanor. This means that in addition to a one-year license suspension, you will not be granted a restricted license if you are convicted of violating Virginia’s implied consent law.

An individual will face a Class 1 misdemeanor if they are charged with a second or subsequent refusal for a breath test within ten years. These are punishable by fines of up to $2,500, jail time of six to twelve months, a three-year license suspension, and can result in a loss of a driver’s license.

If you have been charged with a refusal to take a breathalyzer test, you will need to hire the services of a skilled Virginia criminal defense attorney to ensure that your future is protected.


Patzig Law is a dedicated Virginia law firm handling a variety of legal matters throughout the Commonwealth. We have significant experience in divorce, alimony, equitable distribution, child custody, and support. If you need an aggressive criminal defense attorney, our lawyers will fight to protect your rights in cases including DUIs, drug crimes, weapons offenses, fraud, theft, and much more. If you need a Chesapeake divorce lawyer to handle any of your family law matters, contact Patzig Law today.

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