UNREASONABLE REFUSAL
Refused a Breath or Blood Test in Northern Virginia? Know Your Rights.
Unreasonable Refusal Va. Code § 18.2-268.3
If you’ve been charged with unreasonable refusal in Virginia after a DUI stop, you’re likely confused—and concerned about losing your driver’s license. This is a serious charge that carries immediate and long-lasting consequences. At Battlefield Law Group, we use our deep experience in DUI/DWI defense to fight refusal charges, protect your driving privileges, and expose weaknesses in the prosecution’s case.
What Is "Unreasonable Refusal" Under Virginia Law?
Under Virginia Code § 18.2-268.3, drivers lawfully arrested for DUI are required to submit to a breath or blood test under the Implied Consent Law. Refusing this test without a valid legal reason is considered a separate civil or criminal offense, not just a DUI enhancement, but a standalone charge with real penalties.
There are two levels of refusal:
First Offense (Civil): Automatic 12-month license suspension with no restricted license eligibility
Second or Subsequent Offense (Criminal): Misdemeanor charge punishable by jail time, fines, and longer license suspensions
This charge is often filed even if your DUI is later reduced or dismissed, which means you could face serious penalties for refusal alone.
How We Challenge Refusal Charges
Battlefield Law Group has built its reputation around aggressive, precise DUI defense. Our attorneys regularly attend national DUI/DWI defense conferences, ensuring we stay current on evolving case law, breathalyzer technology, and constitutional defenses. We apply that knowledge directly to unreasonable refusal cases.
We look at:
Was there a lawful arrest for DUI? If not, the implied consent law doesn't apply.
Did the officer properly advise you of your rights and the consequences of refusal?
Were the breathalyzer or blood test procedures followed correctly?
Was there a medical, language, or mental condition affecting your ability to comply?
Was there confusion about whether the officer was asking you to take the preliminary roadside test (PBT) or the official breathalyzer?
Even minor errors in procedure can lead to dismissal or reduction of the charge.
DUI Defense Is Not All the Same
Not all criminal defense attorneys are trained in the science behind DUI testing. At Battlefield Law Group, we’ve invested in advanced legal education specifically for DUI/DWI defense. Our attorneys study topics like:
Breath and blood test inaccuracies
Field sobriety test flaws
Traffic stop legality
Expert cross-examination of officers and lab technicians
This knowledge directly strengthens your defense in refusal cases—especially when there’s a lack of video evidence, unclear officer instructions, or unjustified license suspension.
Did You Know?
In Virginia, over 20% of DUI cases involve a refusal charge, but many of those are dismissed or reduced when challenged correctly. A civil refusal can be fought, you are not automatically guilty just because you said no.
Serving Clients Throughout Northern Virginia
Battlefield Law Group represents clients in:
Manassas and Prince William County
Fairfax County, Loudoun County, Arlington, and surrounding Northern VA areas
CONTACT BATTLEFIELD LAW GROUP, PLLC
info@battlefieldlawgroup.com
Call: 571-364-0500
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Your Silence Is Powerful. Use It.
Whether you're stopped for a traffic violation, suspected of DUI, or questioned in connection with a criminal investigation, knowing your rights can be the difference between a dismissal and a conviction. Police are trained to gather evidence from the moment they make contact—and anything you say can and will be used against you. You have the right to remain silent and the right to an attorney. Use them. According to the Innocence Project, false confessions or admissions play a role in nearly 30% of wrongful convictions, many of them happening during police questioning. Don’t guess your way through the process. Call Battlefield Law Group, PLLC we’ll make sure your rights are protected from the very start.
DO NOT WAIVE YOUR RIGHTS TO REMAIN SILENT!
The police have a card that they can read to you advising you of your Miranda warnings. Below is your card to either read them or give to them to let them know that you know your rights.
“ I Want My Battlefield Law Group Attorney”
“Officer, I mean no disrespect, but I understand my rights.
I have been informed not to talk to anyone and I do not want to answer any questions without an attorney present.
Please do not search me or my property, do any test, do any line-ups, or any other identification procedures without an attorney present who is representing my interests.
I will not waive any of my constitutional rights without first consulting an attorney.
I do not want to perform any tests except as LEGALLY required under the DUI implied consent law.”
AREAS OF PRACTICE
Our trial attorneys know Virginia law and understand how tough prosecutors can be. We make sure your voice is heard, your rights are protected, and your future is defended. With aggressive defense strategies tailored to your case, our mission is simple: to fight for the best possible outcome for you.
OUR CLIENT TESTIMONIALS SPEAK FOR US!