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DUIs & Breathalyzers in Virginia

Jon Montagna
April 27, 2015 | News

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.

Written By Jon Montagna


Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads Virginia area.

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