Blood Alcohol Content Tests (Blood or Breath) In Virginia there is an implied consent law, which means that anyone who gets behind the wheel in Virginia has given their consent to be tested to check their blood alcohol level. If you refuse, you may face a separate DWI offense. A first refusal conviction can carry up to a year of license suspension, which will be added on to the original seven-day suspension. A second refusal within ten years of a previous refusal or conviction carries up to a three year license suspension, a $1,000 fine and up to six months in jail. If there is a third refusal within 10 years of a previous refusal or DUI conviction can result in a three-year suspension, $2,500 in fines along with a year in jail. If you are charged with refusing to take a breath test, a restricted license may not be granted by the court for the requisite license suspension periods. A driver faces these in addition to other penalties and sentences received from a DUI or DWI conviction. If you are facing charges for a DWI and/or refusal to submit to a blood or breath test, it is important you have an aggressive Virginia DUI lawyer examine the case to check for errors that may be grounds for a dismissal. Contact the Law Offices of Patrick N. Anderson and Associates today for your free, initial consultation.