What are the chances of a deferred judgement for a first time dui with a refusal to blow? Is it even possible?
2 Answers from Attorneys
If by "deferred judgment" you mean that the court withholds a finding of guilt conditioned on good behavior, and that, if you are on good behavior for a specified time, the court dismisses the charges: the chances are zero.
At a minimum, you will be tried on your "refusal to blow" in accordance with Va. Code Sec. 18.2-268.3 and if such refusal is found to be unreasonable under the
facts admitted into evidence, you will be found guilty of a civil infraction (as a first
time offender) and your privilege to operate a vehicle in the Commonwealth
then suspended for a year as the penalty imposed.
Furthermore, it is not beyond the realm of possibilty that the Commonwealth might also decide to prosecute you for the DUI, depending upon the kind of field evidence of your conduct evidencing intoxication that was gleaned by the arresting officer.