DUI/DWI DEFENSE: REFUSAL

Have You Been Charged with a DUI and Refusal? I Can Help

Seeking the advice of counsel where you have not only a DUI/DWI charge, but also a refusal charge is essential in charting an effective defense. Virginia Code §18.2-268.3 outlines the elements of a refusal offense. In addition to potential penalties from a DUI/DWI conviction, a conviction for refusal can add to those penalties.

Challenging a DUI/DWI Case with a Refusal Charge

Where the individual has refused to submit to a breath or blood test, typically a charge of refusal will also follow with a charge of DUI/DWI. In this scenario, fighting a charge of DUI/DWI will involve understanding how to challenge the field sobriety tests. These tests often include a leg stand test, a walk and turn test, a numbers test and a finger touch test. Challenging the tests is key to challenging the charge of DUI/DWI where the individual is also facing a refusal charge.

Watch out for the Additional Penalties Created by this Statute.

If this is not your first time with a charge under this code provision or with a DUI/DWI charge, seeking an attorney may be even more essential. Additional violations of this statute are enhanced to misdemeanor offenses with the potential for active incarceration. In addition, a conviction under this statute requires a license suspension for up to three years, depending upon whether it is a first or subsequent offense. The following table illustrates the penalties for a violation of this statute. If you are facing this situation, find out how I can help.

Contact Me Today

I have extensive experience in aggressively representing clients throughout Virginia who are charged with DUI/DWI. Seeking out an attorney quickly can be helpful in outlining strategies to your defense without missing out on potential opportunities. I offer a free initial consultation, very reasonable fees and I accept major credit cards.

IMPORTANT: If you have already been to court and received a conviction, there is a very limited amount of time which you have to note an appeal. Contact me immediately to find out your appeal rights.