Virginia · DUI · Checked October 2026

Refusing a Breath or Blood Test in Virginia

Refusing a Breath or Blood Test in Virginia: What Are the Rules?

What happens if you refuse a breath or blood test in Virginia.

Refusal penalty
A first unreasonable refusal of a breath or blood test is a civil offense with a 1-year license suspension. A breath-test refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a 3-year revocation; a repeat blood-test refusal is civil with a 3-year revocation. These periods are added to the administrative suspension, and refusal can be used as evidence at trial
License suspension for refusing
7 days (first); 60 days or until trial (second); until trial (third or subsequent)

Refusal Penalties in Virginia

A first unreasonable refusal of a breath or blood test is a civil offense with a 1-year license suspension. A breath-test refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a 3-year revocation; a repeat blood-test refusal is civil with a 3-year revocation. These periods are added to the administrative suspension, and refusal can be used as evidence at trialVa. Code § 18.2-268.3

Official source: refusal penalties (Virginia)

License Suspension for Refusing in Virginia

7 days (first); 60 days or until trial (second); until trial (third or subsequent)Va. Code § 46.2-391.2(A), (C)

Official source: license suspension for refusing (Virginia)

More on DUI Law in Virginia

See the full overview of DUI laws in Virginia and read about implied consent laws in every state.

This page summarizes Virginia law from official sources, checked October 2026. It isn't legal advice; a lawyer licensed in Virginia can advise on your case.

Frequently Asked Questions

What Happens if You Refuse a Breath Test in Virginia?

A first unreasonable refusal of a breath or blood test is a civil offense with a 1-year license suspension. A breath-test refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a 3-year revocation; a repeat blood-test refusal is civil with a 3-year revocation. These periods are added to the administrative suspension, and refusal can be used as evidence at trial

How Long Is the Suspension for Refusing?

7 days (first); 60 days or until trial (second); until trial (third or subsequent)

Sources

  1. Implied consent: Va. Code § 18.2-268.3
  2. License suspension and hearing: Va. Code § 46.2-391.2(A), (C)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.