If you are arrested for drunk driving and refuse to take a blood alcohol content (BAC) test, or if your BAC result is .08 or higher, you are automatically given an administrative license suspension for seven (7) days. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge pursuant to Virginia Code § 46.2-391.2.
You can file the appeal yourself or contact our office
and we can prepare and file an appeal for you. Once
you file the appeal, the general district court must
grant a hearing the next business day. This is in
addition to any punishment for the DUI or refusal
arrest, however a successful challenge does not set
legal precedent.
Summary of Virginia's Charge of Unreasonably
Refusing to Take a Breath or Blood Test
"Refusal" Penalties
Virginia, like every other state, has an administrative penalty for any driver who (upon being requested by a law enforcement officer to submit to a state-administered chemical sobriety test) REFUSES to take the test. This refusal does not cause any monetary fines to be payable, but you can be jailed simply for refusing to take the State's test. Virginia will seek to SUSPEND your driver's license (for those licensed to drive by the State of Virginia) or for non-Virginia licensees your privilege to operate a car anywhere within the State of Virginia FOR A PERIOD OF ONE YEAR. This is a separate charge which will be tried on the same date or a later date.
