Refusing a DWI Blood or Breath Alcohol Test in Virginia

Virginia’s Implied Consent law and the consequences of a refusal.

Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Along with other standardized roadside tests, an officer will often request a suspected intoxicated driver to submit to a breath or blood test. Prosecutors use the results in court—which show blood alcohol concentration (BAC) or the amount of drugs in the driver's blood—to prove DWI charges. This article gives an overview of when Virginia law requires submission to DWI chemical testing and the consequences of an unlawful refusal.

Implied Consent

Virginia's implied consent statute requires all persons who operate a vehicle in the state to consent to a breath or blood test if requested to do so by an officer. The officer must have lawfully arrested the driver for DWI prior to testing and the officer is supposed to request a breath test—rather than a blood test—if available. Drivers who refuse a test in violation of the law face license penalties and possible fines.

Consequences of Refusal

Breath Tests. Refusal of a lawfully requested breath test is a civil offense and carries a one-year license suspension. A driver who has a prior test refusal or DWI conviction in the last ten years will be guilty of a misdemeanor. A second-offense refusal carries up to one year in jail, up to $2,500 in fines, and a three-year license suspension.

Blood tests. Refusal to submit to a lawfully requested blood test is a civil offense and carries a one-year license suspension. A driver with prior DWIs or refusals will not be jailed for refusing a blood test but faces a three-year suspension.

The suspension related to a test refusal will run consecutively with any other DWI-related license penalty (a DWI conviction results in suspension also). Additionally, drivers are not eligible for restricted license privileges during a refusal-related suspension.

Appeal

A driver can request that a test refusal suspension be reviewed by the local court to determine if the officer complied with all requirements. These requirements include the reading of rights and the presence of a lawful arrest.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you