Legal Defense for Your Future

Proudly Representing Clients Throughout Virginia

What Are the Penalties for Refusing to Take a Breath or Blood Test?

The penalties for refusal are found in Va. Code § 18.2-268.3.

If it's your first time being charged with refusal and you are convicted, you will lose your driving privileges in Virginia for one year.

If you've already been convicted of refusal or DUI and you're charged with a another refusal within 10 years of your prior refusal or DUI, you could be convicted of a Class 2 misdemeanor. The maximum punishment for a Class 2 misdemeanor is 6 months in jail and or a fine of up to $1,000.

If you've already been convicted twice of refusal or DUI and you're charged with a another refusal within 10 years of your both of your prior refusals or DUIs, you could be convicted of a Class 1 misdemeanor. The maximum punishment for a Class 1 misdemeanor is 12 months in jail and or a fine of up to $2,500.