Skip to Content
Lawrence, Smith & Gardner Lawrence, Smith & Gardner
Call Us for a free consultation 703-382-5840
Top
Refusing Breath Or Blood Alcohol Testing In Virginia

Refusing Breath or Blood Alcohol Testing in Virginia

You are cruising along one of Virginia’s roads, highways or thoroughfares and you see flashing lights behind you. A police officer is signaling for you to pull over. As you hand over your driver’s license, the officer smells what he thinks is alcohol on your breath. You find yourself being accused of driving under the influence of drugs or alcohol (DUI) and being asked to step out of the car for field sobriety and breath testing. You think that maybe if you just refuse to take the tests the police won’t be able to prove that you were or were not driving while intoxicated. What should you do?

Why Should You Agree to Testing?

Virginia, like other states, has what is known as an “implied consent” law. This means that:

  • If you operate a motor vehicle on a roadway in the state, you have, by default, agreed to submit to testing – whether by a Breathalyzer (or similar device), blood sample or both – to determine your blood alcohol concentration if you are suspected of driving under the influence

What Happens if I Refuse Breath or Blood Alcohol Testing?

Failing to submit to the required testing can, ironically enough, have more of an impact on your life than a DUI arrest. A first offense is a civil penalty of loss of the right to drive for one year with no restrictive license available. After a first such offense or after a prior DUI conviction, it is a crime in and of itself to refuse the testing, and Virginia law § 18.2-268.3 sets forth what will happen if you decline an analysis of your body’s alcohol level. You will be informed that:

  • Virginia has an implied consent law.
  • If you are found to have unreasonably refused testing, that information could be used against you in a court of law.
  • Deciding against testing is grounds to revoke your driving privileges (even if you are not licensed in Virginia).
  • If a refusal of testing occurs within 10 years of a prior DUI/DWI conviction, you will be charged with a Class 2 misdemeanor.
  • If a refusal of testing occurs within 10 years of two prior DUI/DWI or “unreasonable refusal to consent” violation, you will be charged with a Class 1 misdemeanor.

In conjunction with a first offense refusal to submit to testing comes a one-year minimum mandatory license suspension. A second offense coming within 10 years of a prior one will result in a three-year sentence.

If you have been arrested for DUI, you need to carefully choose your course of action: whether to refuse or not. There are situations where refusal may be to your advantage if there is no questionable driving behavior, no positive preliminary breath test and good field sobriety test results. A skilled criminal defense attorney can advise you about the best way to proceed in order to both protect your rights and minimize the consequences you face.

Reviews & Testimonials

At Lawrence, Smith & Gardner, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “I am forever grateful for your help!”
    Dear Mr. Brillantine and Mr. Smith,
    Thank you so much for your time and effort in the past several weeks. I am forever grateful for your help! Thank you.
    - Previous Client
    “The efficient way you and your staff handled my case, resulted in less anxiety for me.”
    Dear Mr. Smith,
    I just wanted to drop you a note to express my thanks and appreciation for your professional and courteous help and service. The efficient way you and your staff handled my case, resulted in less anxiety for me.
    - Previous Client
    “We appreciate the courtesy and professionalism of your wonderful staff.”
    Dear Mr. Smith,
    We just want to thank you for all your help in our son’s recent traffic case. Things were looking extremely bleak. However, thanks to your knowledge of the law, persistence, ability to talk to people, hard work and grace … What a relief it has been. We also appreciate the courtesy and professionalism of your wonderful staff.
    - Previous Client
    “Thank you for making it possible for me to continue with my life.”
    Dear Ron,
    I am consumed with awe for your legal maneuvering to assist me in court yesterday. Thank you for making it possible for me to continue with my life.
    - Previous Client
    “I appreciate the courtesy and professionalism.”
    To Ron Smith,
    I just wanted to extend my gratitude to you for representing me earlier this month when I went back to court to obtain my restricted license. I appreciate the courtesy and professionalism from you and your staff and under no circumstances hope to ever need your services for a serious matter like that again.
    - Previous Client
    “Thanks for that usually elusive gift … a second chance.”
    Dear Mr. Smith,
    Thank you for all your help. Please extend my thanks also to Martin for his patient support of an incoherent client, as well as to Lisa for her many phone calls. Thanks for that usually elusive gift … a second chance.
    - Previous Client
    “Thanks again Ron you ROCK!”
    Ron,
    I can’t thank you enough for everything. If it weren’t for you I would be in a world of hurt today. I owe you so many thanks. If you ever need anything!! Please pass along all my thanks to your staff and co-workers. Please let Lisa I’m so sorry you missed her lunch too. Thanks again Ron you ROCK!
    - Previous Client
    “I can look back on this experience as a valuable lesson and continue on with my life.”
    Dear Mr. Smith,
    I wanted to tell you how grateful I am for your help with my recent difficult situation. I was amazed at your skill and knowledge of the court system, and appreciative of your insight in these matters. I can look back on this experience as a valuable lesson and continue on with my life. Thank you for giving me that opportunity.
    - Previous Client

Schedule Your Free Consultation

We’re Here to Help
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy