Breath Test Refusal Defense Attorneys Serving Fairfax and Surrounding Areas
The criminal defense attorneys of MacDowell & Associates represent those clients who have been charged with unreasonable refusal to submit to a breath test while being arrested for possible violation of Virginia's drunk driving laws.
First Offense Breath Test Refusal
If your are arrested on suspicion of driving while intoxicated and refuse to take the breath test, your driver's license will be suspended for 12 months. There is no opportunity to obtain a restricted license after a breath test refusal.
Second Offense Breath Test Refusal
If you are currently charged with breath test refusal and have a prior refusal or prior DUI on your record within the past 10 years, the current charge is treated as a second offense. The penalty is:
- Three-year suspension of your driver's license, with no opportunity to obtain a restricted license
- Up to six months in jail
- $1,000 fine
Third Offense Breath Test Refusal
If you have two prior DUIs, two prior breath test refusals or one of each, and then refuse to take a breath test, you will face:
- Three-year suspension of your driver's license, with no opportunity to obtain a restricted license
- Up to 12 months in jail
- $2,500 fine
All driver's license suspensions for refusal to submit to a breath test are in addition to any suspension stemming from a DUI conviction. These suspensions run consecutively.
Serious Consequences for Breath Test Refusal
If you are found guilty of refusal to take a breath test, this information can be used against you in a trial on your drunk driving charge. This is a powerful piece of evidence that prosecutors can use against you.
When it comes to refusal to submit to a breath test, the deck seems to be stacked against you. That is why it is important to have experienced legal representation. Whether you were stopped at a sobriety check point, on the highway, or were involved in an accident, our DUI defense lawyers can analyze the facts of your case and develop a strategy for minimizing the negative consequences.
To arrange a free consultation about your case, please contact us today by e-mail or call 703-763-0923.
