DUI Refusal Lawyer in Haymarket, VA
Refusing a breath or blood test after a DUI arrest in Virginia creates a separate charge with its own license suspension. Johnson Law Firm is a DUI refusal lawyer for drivers in Haymarket, Gainesville, Manassas, and across Prince William and Fauquier Counties. Call (703) 590-4062 for a free consultation.
How Virginia's Implied Consent Law Works
By driving on Virginia roads, you are considered to have agreed to a breath or blood test if you are lawfully arrested for DUI. Refusing that post-arrest test is a separate charge from the DUI itself. The roadside preliminary breath test that officers sometimes ask for before an arrest is different. Refusing that roadside test is not an implied consent violation.
Penalties for Refusing a Breath or Blood Test
A first refusal is a civil offense that carries a one-year suspension of your driving privileges, with no restricted license for that suspension. A second refusal within 10 years is a criminal misdemeanor with a three-year suspension. Because the refusal is a separate case, it can suspend your license even if the DUI charge is reduced or dismissed.
Defending a Refusal Charge
A refusal charge requires the officer to follow specific steps: a lawful arrest, a proper request for the test, and the right advisement about what refusing means. We review the arrest paperwork, any video, and the officer's account to see whether those steps were followed. Attorney Johnson is a nationally certified field sobriety test instructor and knows the procedures officers are trained to use.
We defend the refusal charge and the DUI charge together, because what happens in one case affects the other. For the broader criminal charge, see our DUI defense lawyer in Haymarket page.
Refusal Cases in Prince William and Fauquier County Courts
Refusal charges from Haymarket, Gainesville, Bristow, and Manassas are heard in the Prince William County General District Court in Manassas. Charges from Warrenton and the surrounding area are heard in Fauquier County General District Court. Call (703) 590-4062 to talk to the attorney directly.
Frequently Asked Questions
Is refusing a breathalyzer a crime in Virginia?
Can I refuse the roadside breath test?
If my DUI is dismissed, does the refusal charge go away?
Related DUI Defense Services
Johnson Law Firm handles the full range of DUI and traffic defense charges in Haymarket and Prince William County. Call (703) 590-4062 to speak with the attorney.
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Johnson Law Firm, PC | 6159 Parchment Ct, Haymarket, VA 20169 | (703) 590-4062