Do I have to take a blood alcohol test?

On Behalf of | Jul 31, 2020 | Dui / Dwi |

If an officer stops you for a suspected DUI, he or she will probably request that you take a breath alcohol test. This test will provide a reading of your blood alcohol level. 

According to the Virginia Department of Motor Vehicles, if you refuse to take a blood alcohol test, it will suspend your driver’s license under the law. 

Automatic agreement

The reason why the DMV can suspend your license if you refuse blood alcohol testing is that when you secure a license in the state or operate a vehicle on state roadways, you automatically agree to such testing. This applies to everyone, even if you do not live in the state. 


Upon your first refusal, you will face a one-year driver’s license suspension. If you should refuse a test again, then that increases to a three-year suspension and a misdemeanor charge. 

It is important to understand that the initial suspension for test refusal is only seven days until you go to court. The court will then put the one-year suspension in place once you go to trial. 

You should note that the suspension applies even if the court later finds you not guilty of the DUI charge. However, if you do end up with a DUI conviction, then your suspension for the blood alcohol test refusal will run consecutively with any suspension from the court for the conviction. 

For example, if the court suspends your license for one year as a part of your conviction and you received the one-year suspension for refusing the blood alcohol test, then you will not get your license back for two years. 


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