Is Refusing a Breathalyzer a Crime in Virginia?

Direct Answer

In Virginia, refusing a breathalyzer test is not a crime, but it can lead to consequences. If you refuse to take a breath test, you will face an administrative suspension of your driver’s license for one year, and possibly additional penalties.

Step-by-Step Guide

Here’s what happens if you refuse a breath test in Virginia:
1. **Stop and Arrest**: If a police officer stops you and suspects you’re driving under the influence (DUI), they may ask you to take a preliminary breath test (PBT).
2. **Refusal**: If you refuse to take the PBT or the subsequent breath test at the police station, the officer will notify the Department of Motor Vehicles (DMV).
3. **Administrative Suspension**: The DMV will suspend your driver’s license for one year, starting 7 days after the refusal.
4. **Additional Penalties**: If you’re convicted of a DUI, you may face additional penalties, including fines, jail time, and ignition interlock installation.

Frequently Asked Questions

– **Q: Can I appeal the suspension?**
A: Yes, you can appeal the suspension within 7 days of the refusal.
– **Q: Will my insurance rates increase?**
A: Possibly, as a refusal and subsequent DUI conviction may lead to higher insurance rates.
– **Q: Can I still drive during the suspension?**
A: No, unless you’re granted a restricted license, which may allow you to drive to work, school, or other essential activities.
– **Q: How long does the suspension last?**
A: The administrative suspension lasts for one year, but you may be eligible for a restricted license after 30 days.

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