The administrative suspension for a first offense is 7 days, for a second offense the administrative suspension is 60 days, and for a third offense it is until the date of trial.

If you are arrested for drunk driving and refuse to take a blood alcohol content (BAC) test, or if our BAC result is .08 or higher, you are automatically given an administrative license suspension for seven (7) days. You may contest this suspension in the general district court where you were arrested, or by filing a challenge pursuant to Virginia Code § 46.2-391.2. There appears to be a glitch in the law concerning a second or subsequent offense which are the longer term suspensions.

You can file the appeal yourself or contact our office and we can prepare and file an appeal for you. Once you file the appeal, the general district court must grant a hearing the next business day. This is in addition to any punishment for the DUI or refusal arrest, however a successful challenge does not set legal precedent.

Summary of Virginia's Charge of Unreasonably Refusing to Take a Breath or Blood Test

"Refusal" Penalties

Virginia, like every other state, has an administrative penalty for any driver who (upon being requested by a law enforcement officer to submit to a state-administered chemical sobriety test) REFUSES to take the test. This refusal does not cause any monetary fines to be payable, nor can you be jailed simply for refusing to take the State's test on the first occasion. However, Virginia will seek to SUSPEND your driver's license (for those licensed to drive by the State of Virginia) or for non-Virginia licensees your privilege to operate a car anywhere within the State of Virginia FOR A PERIOD OF ONE YEAR. This is a separate charge which will be tried on the same date or a later date.