State of Va, if a person is stopped by the police, refuses breatherlizer, can license be revoked for 60 days.

Asked about 4 years ago - Stephens City, VA

Apparently the man was pulled over for impeding the flow of traffic when the red light turned green.

Attorney answers (2)

  1. Standish Alexander

    Pro

    Contributor Level 10

    Answered . Yes. If that person has been charged with a 2nd Offense DUI VA will impose an administrative civil license suspension for 60 days.

  2. Sudeep Bose

    Contributor Level 8

    Answered . Your question deals with the language of Virginia Code ยง 46.2-391.2. The administrative suspension of license or privilege to operate a motor vehicle - this section is really separate as it involves administrative DMV suspensions and not suspensions by a Court.

    The essence of this section is a person who refuses is generally suspended administratively for seven (7) days. However, if the summons or warrant issued charges the person with a second or subsequent offense, the suspension shall be for 60 days.

    So the question is - what was your friend charged with? 1st or 2nd Offense.

    The other nuance is that the Virginia DMV can only suspend a Virginia license. A person whose driver's license is from a jurisdiction other than the Commonwealth can drive anywhere he/she desires, but the privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately under this section.

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