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

Stephens City, VA |
Attorney answers 2


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


Your question deals with the language of Virginia Code § 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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