Discover Why David Deane Law is Your Best  “Drunk Driving Lawyer Near Me”

Like any other state, holding a Virginia driver’s license is a huge privilege. As a result, all drivers using Virginia’s highways are expected to comply with VA Code §18.2-268.2, which instructs drivers to provide samples at an officer’s request within three hours of an arrest.

Subsection B of VA Code §18.2-268.2 empowers officers to request breath tests and even blood tests if a breath test is unavailable. Further, subsection C holds that officers can request a blood test upon the suspicion of impairment due to drugs.

The Virginia traffic law requires drivers to submit to tests when requested by officers. While declining to take alcohol tests within the first three hours can make it challenging to prove intoxication, VA Code §18.2-268.3 terms refusal as a civil offense and, therefore, illegal. In addition, refusal to take a test can lead to license suspension for up to a year, and even worse, if you eventually get convicted of DUI, your license can be suspended for three years.

Under VA Code §18.2-11, the court can serve a one-year jail sentence to the offender or a fine between $250-$2,500, depending on the charges placed.

Here’s why you want to avoid prior convictions. VA Code §18.2-270 (2) holds that a second conviction within 5-10 years after the first conviction warrants a fine of not less than $500 as well as a 30-day jail term. While you can appeal and have the days reduced, spending ten days of the month’s jail term behind bars is mandatory.