Penalties For A Second Offense Breathalyzer Refusal in Virginia

Virginia Breathalyzer Refusal charges under Va. Code §18.2-268.3 have serious and long-term consequences.  A first offense results in a civil penalty, but second and subsequent convictions within 10 years are crimes.  This is the second post in a 3 part series discussing Breathalyzer Refusal penalties in Virginia.  It focuses specifically on the penalties for a second offense Breathalyzer Refusal in Virginia in 10 years.  For more information on first and third offense Breathalyzer Refusal convictions in Virginia, see post 1 and post 3 in this series.

What Are the Penalties For A Second Offense Breathalyzer Refusal in Virginia?

penalties for a second offense breathalyzer refusal in VirginiaA second offense Breathalyzer Refusal in Virginia is a Class 2 misdemeanor.  The penalties for a second offense Breathalyzer Refusal in Virginia include jail time, fines, and automatic driver’s license suspension.  All of the penalties for a second offense Breathalyzer Refusal in Virginia are in addition to, and will run consecutive with, any penalties for a DUI conviction.

Jail: A second offense Breathalyzer Refusal in Virginia in 10 years is punished with up to 6 months in jail.

Fines: A second offense Breathalyzer Refusal in Virginia in 10 years is punished with a fine up to $1000.

Pre-Trial Driver’s License Suspension: After being charged with a second offense Breathalyzer Refusal in Virginia in 10 years, the offender’s driver’s license will be administratively suspended immediately for 60 days (Va. Code §46.2-391.2).  Click here for more information on administrative license suspension after a DUI or Breathalyzer Refusal charge in Virginia.

Post-Trial Driver’s License Suspension: After being convicted of a second offense Breathalyzer Refusal in Virginia in 10 years, the offender’s driver’s license will be suspended for 3 years.  He will be not able to apply for a restricted license at all during this period.  This means AT LEAST 3 years of no driving AT ALL.

DMV Points: The Virginia DMV will add 6 demerit points to an offender’s driver’s license after being convicted of a second offense Breathalyzer Refusal in 10 years.  

Effect on Future Refusal Charge: A second offense Breathalyzer Refusal in Virginia in 10 years is a crime.  One of the worst penalties for a second offense Breathalyzer Refusal in Virginia is that it is considered a prior offense if the offender receives another Breathalyzer Refusal charge in the next ten years.  A third offense in 10 years is punished with even more jail time, higher fines, and substantial driver’s license suspension.  

 

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***

tags: | | | | | | | | | | |