Penalties For A Second Offense Breathalyzer Refusal in Virginia
January 18, 2016 by Jean Humbrecht
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?
A 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.
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