Penalties for A Third Offense Breathalyzer Refusal in Virginia
January 20, 2016 by Jean Humbrecht
Convictions for Breathalyzer Refusal charges in Virginia have harsh and long-term penalties. A conviction for a first offense Breathalyzer Refusal only results in a civil penalty, but subsequent charges within 10 years are crimes in Virginia and have more severe consequences. This is the third post in a 3 part series discussing the penalties for Breathalyzer Refusal convictions in Virginia. This post focuses on the penalties for a third offense Breathalyzer Refusal in Virginia in 10 years. For more information on the penalties for first and second offense Breathalyzer Refusal convictions, see post 1 and post 2 in this series.
Penalties for A Third Offense Breathalyzer Refusal in Virginia in 10 Years
A third offense Breathalyzer Refusal in Virginia in 10 years is a Class 1 misdemeanor. The penalties for a third offense Breathalyzer Refusal in Virginia within 10 years include jail time, fines, and driver’s license suspension. The conviction will also go on the driver’s permanent criminal record.
Jail: Since a third offense Breathalyzer Refusal in Virginia in 10 years is a Class 1 misdemeanor, it is punished with up to 12 months in jail. This jail time is in addition to any jail time the offender may receive for a related DUI conviction.
Fines: A third offense Breathalyzer Refusal conviction in Virginia in 10 years is punished with a fine up to $2500 in addition to any fine imposed for the DUI conviction.
Pre-Trial Driver’s License Suspension: The penalties for a third offense Breathalyzer Refusal in Virginia in 10 years begin even before the offender is convicted. Once a driver is charged with a third offense Breathalyzer Refusal in Virginia in 10 years, his license will be immediately suspended until the day of trial. This is called an administrative suspension. For more information on administrative license suspensions as a result of a DUI or Breathalyzer Refusal charge in Virginia, click here.
Post-Trial Driver’s License Suspension: After a driver is convicted of a third offense Breathalyzer Refusal in Virginia in 10 years, his driver’s license will be suspended for 3 years with no possibility of a restricted license. This is perhaps the worst of the penalties for a third offense Breathalyzer Refusal in Virginia within 10 years, because it means 3 years of absolutely no driving.
DMV Points: The DMV adds 6 demerit points to the driving record of anyone convicted of a Breathalyzer Refusal conviction in Virginia.
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