Skip to main content
Recent Blog Post

DUIs & Breathalyzers in Virginia

We’ve all experienced the dread that comes withcop those flashing red-and-blue lights in your rear view mirror, the leaden rock that seems to plunge into your stomach when you know you’re getting pulled over. It’s happened to everyone, and it’s never fun, but if you’ve been drinking then you have even more cause to be concerned.

If a police officer pulls you over under suspicion of driving under the influence of alcohol, there are a few things you should know. In Virginia we have what is known as the Implied Consent law, which means that if the officer has probable cause and has arrested you for a DUI then you must take a blood or breath test. These tests must be administered within 3 hours of driving.

DUI Penalties:

1st offense: minimum of 5 days in jail, minimum of $250 fine, minimum of 1 year suspension of drivers license

2nd offense: 20 days – 1 year in jail, minimum of $500 fine, minimum of 3 years suspension of drivers license

3rd offense: minimum of 6 years in jail, minimum of $1,000 fine, drivers license suspended indefinitely

Refusal to take blood or breath test Penalties:

1st offense: 1 year suspension of drivers license

2nd & 3rd offenses: 3 year suspension of drivers license


If you’ve been arrested for a DUI or have questions about your rights when pulled over under suspicion of driving under the influence, don’t wait to contact the legal team of DUI attorneys at Montagna Law.

Our Blog

Latest Blog Posts

    Customer Reviews

    What Our Clients Say

    • Quote Mark
      If you’re looking for someone who’s professional, attentive, serious, caring, and negotiable than Mr. Anthony Montagna is who you need. He understood his assignment and delivered well especially being with what I was looking at in my case. I want …
      – Tiara S.
    • Quote Mark
      I don’t know how he does it, but this man is a monster in the courtroom. I’ll admit I had fears of the outcome of my case, but when I was with Mr. Montagna in front of a judge. My confidence started to raise. Extremely professional and how he hand…
      – BD P.
    • Quote Mark
      Honestly , Mr. Montagna treats like you are his family the way he cares, he takes care of his people , I was doing triple digit speed on a 60 and lord I thought it was over for me in that courtroom , he’s a genius because I literally got away with…
      – Justin
    • Quote Mark
      I have been a client of Montagna Law since 2014. Because the customer service is exceptional, I have established a rapport with everyone in the office. As a customer for 8 years, it is noted that this firm goes above and beyond for the clients.
      – Eric E.
    • Quote Mark
      Montagna Law are wonderful attorneys. I was diagnosed with stage 4 lung cancer and they assisted me from day one when I contacted them. I highly recommend their services! Thanks guy’s and gal’s for your services!
      – Kevin B