Virginia Alcohol, Drugs & DUI

Under Virginia's Implied Consent Law, if you refuse a post-arrest breath or blood test, your license will be:

By DMV Master Editorial Team Updated Verified against Va. Code §18.2-268.3
A

Untouched — refusal has no automatic consequence.

VA imposes automatic administrative suspension for refusal.

B

Automatically suspended, with the length increasing for repeat refusals.

Correct answer

C

Permanently revoked for any refusal.

Permanent revocation applies to repeat DUIs, not first refusals.

D

Only a warning is issued.

Refusal triggers real administrative consequences.

Detailed Explanation

Virginia's Implied Consent Law (§18.2-268.3) means that by holding a VA driver's license, you have consented to submit to a breath or blood test if arrested for DUI. Refusing triggers a civil administrative license suspension — 1 year for a first refusal, 3 years for a second — separate from any criminal DUI penalties.

Source: Va. Code §18.2-268.3

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