Refusal

Refusal in Virginia (18.2-268.3) is a Civil Offense and not a Crime. You DO NOT have to talk to Police or perform ANY Field Sobriety Tests – including the preliminary breath test usually administered at the scene and as part of your Field Tests (i.e. walk & turn test, lift your leg test and say your alphabet test); however, you are REQUIRED to submit to a blood or breath test at the station or hospital. If you refuse, your license could be suspended for a year and you are not allowed any restricted driving privileges. Note the difference between the field breath test (which is not mandatory and the “official” test which you are required to take). If you have any questions about either, call now.

 

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