| If you have been arrested for a Virginia DUI, you will be | | | | charges. |
| taken back to the police station and asked to submit | | | | The penalties for refusing a chemical test are as |
| to a blood or breath test in order to determine your | | | | follows: |
| blood alcohol content (BAC). By driving in the state of | | | | If you refuse a test once, your license will be |
| Virginia, or by having a Virginia driver's license, you | | | | suspended for up to 1 year without any opportunity for |
| have already consented to this test due to Virginia's | | | | a restricted license. |
| implied consent law. | | | | If you refuse a second time within 10 years of |
| Virginia's Implied Consent Law | | | | your first refusal or DUI conviction, you'll be charged |
| Virginia's implied consent law is detailed in Virginia code | | | | with a Class 2 misdemeanor and license suspension of |
| § 18.2-268.2, and states that as a condition of your | | | | 3 years (in addition to any license suspensions |
| driving in Virginia, you have consented to have samples | | | | associated with your DUI conviction), a $1,000 fine and |
| of your blood, breath, or both taken to determine the | | | | up to 6 months in possible jail time. |
| amount of alcohol and/or drugs in your system. | | | | If you refuse a test 3 times within 10 years, it's a |
| When you applied to get your driver's license, you | | | | Class 1 misdemeanor with a 3-year license suspension |
| agreed to the implied consent law when you signed | | | | (in addition to any license suspensions associated with |
| your name on the application form. Even if your | | | | your DUI conviction), a $2,500 fine and up to 1 year in |
| driver's license is from another state, the implied | | | | possible jail time. |
| consent law still applies to you. That's because it is | | | | You should keep in mind that a refusal to take a |
| assumed that you accept all the applicable Virginia | | | | chemical test (or a failed test, for that matter) does not |
| laws as a condition of your right to drive on the roads | | | | mean you have been convicted of DUI. You will still |
| in the state. | | | | have the right to fight your Virginia DUI charge in court. |
| If You Refuse a Chemical Test | | | | If you wish to exercise this right, or if you have |
| Violating Virginia's implied consent law will have | | | | questions about refusing a chemical test, you should |
| consequences separate from your Virginia DUI | | | | contact a qualified Virginia DUI attorney. |