DUI/ Refusal
Can I beat a DUI charge even though I declined a breathalizer test. I was on a city street. I don't know what to do. This is my first offense.
Asked on 2/26/07, 6:39 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: DUI/ Refusal
No, you will not "beat a DUI charge"
because of your refusal to take a breathelizer test. You will, nontheless, be found guilty of a civil offense for the refusal(if you're a first time DUI offender), and, consequently, your license to operate a motor vehicle in the Commonwealth will be suspended for 12 months. (See Va. Code Sec. 18.2-268.3-.4.)
Answered on 2/26/07, 7:34 pm
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