The DUI Stop
Va. Code 18.2-266 — 0.08, the roadside breath test anyone may refuse, and the one after arrest
In Virginia, it is unlawful to drive or operate a motor vehicle with a blood alcohol concentration of 0.08 percent or more, while under the influence of alcohol, or while under the influence of drugs to a degree that impairs the ability to drive safely.
The roadside breath test can be refused, and the refusal is not evidence. A person stopped on suspicion of DUI has the right to refuse the preliminary breath test, and that refusal is not evidence in the prosecution. Its result is not admitted at trial either. The officer advises the person of these rights on stopping them.
After an arrest, unreasonably refusing the breath test is a civil offense the first time, with a one-year suspension of the privilege to drive. A second refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a three-year loss of the privilege. When a person refuses, the arresting officer advises them of the consequences from a form the Supreme Court's executive secretary provides.
| A first DUI | The mandatory minimum |
|---|---|
| A first DUIAny first conviction | The mandatory minimumA Class 1 misdemeanor with a $250 fine |
| A first DUIBlood alcohol of at least 0.15 but not more than 0.20 | The mandatory minimumFive more days in jail |
| A first DUIBlood alcohol of more than 0.20 | The mandatory minimum10 more days in jail |
Sources for this section (4)
- Va. Code 18.2-266 — Driving motor vehicle while intoxicated
- Va. Code 18.2-267 — Preliminary analysis of breath to determine alcoholic content of blood
- Va. Code 18.2-268.3 — Refusal of tests; penalties; procedures
- Va. Code 18.2-270 — Penalty for driving while intoxicated; subsequent offense
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.