{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-268.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-268.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-268.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-268.3.html"}],"law_id":54870,"edition_id":1,"section_id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","history":"1992, c. 830; 1994, cc. 359, 363; 1997, c. 691; 2001, cc. 654, 779; 2004, cc. 985, 1013, 1022; 2004, Sp. Sess. I, c. 2; 2005, cc. 757, 840; 2009, c. 239; 2017, c. 623; 2020, c. 341.","full_text":"A\n\nIt is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or 18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by \u00a7 18.2-268.2, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows:1\n\nA first violation is a civil offense. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.2\n\nIf a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2.B\n\nIt is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or 18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by \u00a7 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense and is punishable as follows:1\n\nFor a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.2\n\nIf a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2.C\n\nWhen a person is arrested for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court (i) that a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.D\n\nThe arresting officer shall, under oath before the magistrate, execute the form and certify (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.E\n\nA defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court 30 days after the date of conviction for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant’s license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.\n\t\t\tIf the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver’s license to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.F\n\nNotwithstanding any other provisions of this section or of § 18.2-271.1, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","order_by":null,"text":{"0":{"id":201300,"text":"It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or 18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by \u00a7 18.2-268.2, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":201301,"text":"A first violation is a civil offense. For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":201302,"text":"If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction under this subdivision shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment of conviction. This revocation period is in addition to the suspension period provided under § 46.2-391.2.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":201303,"text":"It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or 18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by \u00a7 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense and is punishable as follows:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"B1"},"4":{"id":201304,"text":"For a first offense, the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"5":{"id":201305,"text":"If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege to drive for a period of three years from the date of the judgment. This revocation period is in addition to the suspension period provided under § 46.2-391.2.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"6":{"id":201306,"text":"When a person is arrested for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court (i) that a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty for unreasonable refusal to have breath samples taken within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"7":{"id":201307,"text":"The arresting officer shall, under oath before the magistrate, execute the form and certify (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2-270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under subsection A or any offense under subsection B shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":201308,"text":"A defendant who is found guilty of a first offense and whose license is suspended pursuant to subdivision A 1 or B 1 may petition the court 30 days after the date of conviction for a restricted license and the court may, for good cause shown, provide that the defendant is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.). If the court grants such petition and issues the defendant a restricted license, the court shall order (i) that reinstatement of the defendant’s license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle, as defined in § 46.2-100, owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation or otherwise, the defendant enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court may set forth. However, upon motion of a person convicted of any such offense following an assessment of the person conducted by an alcohol safety action program, the court, for good cause, may decline to order participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2. The court shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants referred for intervention under any such program may be charged.\n\t\t\tIf the court grants a restricted license to any person pursuant to this section, the court shall order such person to surrender his driver’s license to be disposed of in accordance with the provisions of § 46.2-398 and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection. This order shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court shall also provide a copy of its order to such person who may operate a motor vehicle on the order until receipt from the Commissioner of the Department of Motor Vehicles of a restricted license, but only if the order provides for a restricted license for that period. A copy of the order and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle. The period of time during which the person is prohibited from operating a motor vehicle that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court until such time as the person is issued a restricted license by the Department of Motor Vehicles. Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply to this subsection mutatis mutandis, except as herein provided.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"9":{"id":201309,"text":"Notwithstanding any other provisions of this section or of § 18.2-271.1, nothing in this section shall permit the court to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13849,"edition_id":1,"name":"Driving Motor Vehicle, etc., While Intoxicated","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12973,"metadata":{},"date_created":"2026-06-26 03:46:04","date_modified":"2026-06-26 03:46:04","permalink":{"id":166823,"object_type":"structure","relational_id":13849,"identifier":"2","token":"18.2\/7\/2","url":"\/18.2\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12973,"edition_id":1,"name":"Crimes Involving Health and Safety","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":166501,"object_type":"structure","relational_id":12973,"identifier":"7","token":"18.2\/7","url":"\/18.2\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67410,"structure_id":13849,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","url":"\/18.2-266\/","token":"18.2\/7\/2\/18.2-266","metadata":false},{"id":63203,"structure_id":13849,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","url":"\/18.2-266.1\/","token":"18.2\/7\/2\/18.2-266.1","metadata":false},{"id":58511,"structure_id":13849,"section_number":"18.2-267","catch_line":"Preliminary analysis of breath to determine alcoholic content of blood","url":"\/18.2-267\/","token":"18.2\/7\/2\/18.2-267","metadata":false},{"id":61872,"structure_id":13849,"section_number":"18.2-268","catch_line":"Repealed","url":"\/18.2-268\/","token":"18.2\/7\/2\/18.2-268","metadata":false},{"id":63409,"structure_id":13849,"section_number":"18.2-268.1","catch_line":"Chemical testing to determine alcohol or drug content of blood; definitions","url":"\/18.2-268.1\/","token":"18.2\/7\/2\/18.2-268.1","metadata":false},{"id":77586,"structure_id":13849,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","url":"\/18.2-268.10\/","token":"18.2\/7\/2\/18.2-268.10","metadata":false},{"id":60331,"structure_id":13849,"section_number":"18.2-268.11","catch_line":"Substantial compliance","url":"\/18.2-268.11\/","token":"18.2\/7\/2\/18.2-268.11","metadata":false},{"id":55454,"structure_id":13849,"section_number":"18.2-268.12","catch_line":"Ordinances","url":"\/18.2-268.12\/","token":"18.2\/7\/2\/18.2-268.12","metadata":false},{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},{"id":54870,"structure_id":13849,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","metadata":false},{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},{"id":75295,"structure_id":13849,"section_number":"18.2-268.5","catch_line":"Qualifications and liability of persons authorized to take blood sample; procedure for taking samples","url":"\/18.2-268.5\/","token":"18.2\/7\/2\/18.2-268.5","metadata":false},{"id":69540,"structure_id":13849,"section_number":"18.2-268.6","catch_line":"Transmission of blood samples","url":"\/18.2-268.6\/","token":"18.2\/7\/2\/18.2-268.6","metadata":false},{"id":84208,"structure_id":13849,"section_number":"18.2-268.7","catch_line":"Transmission of blood test samples; use as evidence","url":"\/18.2-268.7\/","token":"18.2\/7\/2\/18.2-268.7","metadata":false},{"id":71519,"structure_id":13849,"section_number":"18.2-268.8","catch_line":"Fees","url":"\/18.2-268.8\/","token":"18.2\/7\/2\/18.2-268.8","metadata":false},{"id":72188,"structure_id":13849,"section_number":"18.2-268.9","catch_line":"Assurance of breath-test validity; use of breath-test results as evidence","url":"\/18.2-268.9\/","token":"18.2\/7\/2\/18.2-268.9","metadata":false},{"id":71034,"structure_id":13849,"section_number":"18.2-269","catch_line":"Presumptions from alcohol or drug content of blood","url":"\/18.2-269\/","token":"18.2\/7\/2\/18.2-269","metadata":false},{"id":75350,"structure_id":13849,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","url":"\/18.2-270\/","token":"18.2\/7\/2\/18.2-270","metadata":false},{"id":81046,"structure_id":13849,"section_number":"18.2-270.01","catch_line":"Multiple offenders; payment to Trauma Center Fund","url":"\/18.2-270.01\/","token":"18.2\/7\/2\/18.2-270.01","metadata":false},{"id":81550,"structure_id":13849,"section_number":"18.2-270.1","catch_line":"Ignition interlock systems; penalty","url":"\/18.2-270.1\/","token":"18.2\/7\/2\/18.2-270.1","metadata":false},{"id":81628,"structure_id":13849,"section_number":"18.2-270.2","catch_line":"Ignition interlock system and remote alcohol monitoring device; certification by Commission on VASAP; regulations; sale or lease; monitoring use; reports","url":"\/18.2-270.2\/","token":"18.2\/7\/2\/18.2-270.2","metadata":false},{"id":80969,"structure_id":13849,"section_number":"18.2-271","catch_line":"Forfeiture of driver's license for driving while intoxicated","url":"\/18.2-271\/","token":"18.2\/7\/2\/18.2-271","metadata":false},{"id":57797,"structure_id":13849,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","url":"\/18.2-271.1\/","token":"18.2\/7\/2\/18.2-271.1","metadata":false},{"id":74018,"structure_id":13849,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","url":"\/18.2-271.2\/","token":"18.2\/7\/2\/18.2-271.2","metadata":false},{"id":85453,"structure_id":13849,"section_number":"18.2-271.3","catch_line":"Repealed","url":"\/18.2-271.3\/","token":"18.2\/7\/2\/18.2-271.3","metadata":false},{"id":60570,"structure_id":13849,"section_number":"18.2-271.4","catch_line":"Oath of office","url":"\/18.2-271.4\/","token":"18.2\/7\/2\/18.2-271.4","metadata":false},{"id":79130,"structure_id":13849,"section_number":"18.2-271.5","catch_line":"Restricted permits to operate a motor vehicle; ignition interlock systems","url":"\/18.2-271.5\/","token":"18.2\/7\/2\/18.2-271.5","metadata":false},{"id":70219,"structure_id":13849,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","url":"\/18.2-272\/","token":"18.2\/7\/2\/18.2-272","metadata":false},{"id":75028,"structure_id":13849,"section_number":"18.2-273","catch_line":"Report of conviction to Department of Motor Vehicles","url":"\/18.2-273\/","token":"18.2\/7\/2\/18.2-273","metadata":false}],"previous_section":{"id":74659,"structure_id":13849,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","url":"\/18.2-268.2\/","token":"18.2\/7\/2\/18.2-268.2","metadata":false},"next_section":{"id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-268.3\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 830 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapters 359<\/a> and 363<\/a>; in 1997, chapter 691<\/a>; in 2001, chapters 654<\/a> and 779<\/a>; in 2004, chapters 985<\/a>, 1013<\/a>, and 1022<\/a>; in 2005, chapters 757<\/a> and 840<\/a>; in 2009, chapter 239<\/a>; in 2017, chapter 623<\/a>; in 2020, chapter 341<\/a>.<\/p>","references":[{"id":84966,"section_number":"15.2-1627","catch_line":"Duties of attorneys for the Commonwealth and their assistants","order_by":null,"url":"\/15.2-1627\/"},{"id":78808,"section_number":"16.1-69.48:1.01","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/16.1-69.48_1.01\/"},{"id":64932,"section_number":"17.1-275.11","catch_line":"Additional fee assessed for conviction of certain offenses","order_by":null,"url":"\/17.1-275.11\/"},{"id":77586,"section_number":"18.2-268.10","catch_line":"Evidence of violation of driving under the influence offenses","order_by":null,"url":"\/18.2-268.10\/"},{"id":80937,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","order_by":null,"url":"\/18.2-268.4\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":74660,"section_number":"19.2-392.12","catch_line":"(Effective July 1, 2026) Sealing of offenses resulting in a deferred and dismissed disposition or conviction by petition","order_by":null,"url":"\/19.2-392.12\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"id":60579,"section_number":"29.1-738.2","catch_line":"Consent to blood or breath test","order_by":null,"url":"\/29.1-738.2\/"},{"id":63452,"section_number":"46.2-2099.49","catch_line":"Requirements for TNC partners; mandatory background screening; drug and alcohol policy; mandatory disclosures to TNC partners; duty of TNC partners to provide updated information to transportation network companies","order_by":null,"url":"\/46.2-2099.49\/"},{"id":71126,"section_number":"46.2-223.1","catch_line":"Collection and reporting of data related to driving under the influence of alcohol, drugs, or a combination thereof","order_by":null,"url":"\/46.2-223.1\/"},{"id":53958,"section_number":"46.2-301.1","catch_line":"Administrative impoundment of motor vehicle for certain driving while license suspended or revoked offenses; judicial impoundment upon conviction; penalty for permitting violation with one's vehicle","order_by":null,"url":"\/46.2-301.1\/"},{"id":64689,"section_number":"46.2-341.26:10","catch_line":"Evidence","order_by":null,"url":"\/46.2-341.26_10\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":72992,"section_number":"46.2-391.4","catch_line":"When suspension to be rescinded","order_by":null,"url":"\/46.2-391.4\/"},{"id":63768,"section_number":"8.01-417","catch_line":"Copies of written statements or transcriptions of verbal statements by injured person to be delivered to him; copies of subpoenaed documents to be provided to other party; disclosure of insurance policy limits","order_by":null,"url":"\/8.01-417\/"},{"id":81010,"section_number":"8.01-44.5","catch_line":"Punitive damages for persons injured by intoxicated drivers","order_by":null,"url":"\/8.01-44.5\/"}],"refers_to":[{"id":67410,"section_number":"18.2-266","catch_line":"Driving motor vehicle, engine, etc., while intoxicated, etc","order_by":null,"url":"\/18.2-266\/"},{"id":63203,"section_number":"18.2-266.1","catch_line":"Persons under age 21 driving after illegally consuming alcohol; penalty","order_by":null,"url":"\/18.2-266.1\/"},{"id":74659,"section_number":"18.2-268.2","catch_line":"Implied consent to post-arrest testing to determine drug or alcohol content of blood","order_by":null,"url":"\/18.2-268.2\/"},{"id":75350,"section_number":"18.2-270","catch_line":"Penalty for driving while intoxicated; subsequent offense; prior conviction","order_by":null,"url":"\/18.2-270\/"},{"id":57797,"section_number":"18.2-271.1","catch_line":"Probation, education, and rehabilitation of person charged or convicted; person convicted under law of another state or federal law","order_by":null,"url":"\/18.2-271.1\/"},{"id":74018,"section_number":"18.2-271.2","catch_line":"Commission on VASAP; purpose; membership; terms; meetings; staffing; compensation and expenses; chairman's executive summary","order_by":null,"url":"\/18.2-271.2\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":54708,"section_number":"18.2-51.4","catch_line":"Maiming, etc., of another resulting from driving while intoxicated","order_by":null,"url":"\/18.2-51.4\/"},{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"},{"id":62139,"section_number":"46.2-341.1","catch_line":"Title","order_by":null,"url":"\/46.2-341.1\/"},{"id":73682,"section_number":"46.2-398","catch_line":"(Effective July 1, 2026) Disposition of surrendered licenses on revocation or suspension","order_by":null,"url":"\/46.2-398\/"}],"permalink":{"id":166861,"object_type":"law","relational_id":54870,"identifier":"18.2-268.3","token":"18.2\/7\/2\/18.2-268.3","url":"\/18.2-268.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-268.3\/","token":"18.2\/7\/2\/18.2-268.3","dublin_core":{"Title":"Refusal of tests; penalties; procedures","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-268.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266<\/a> or 18.2-266.1<\/a> or subsection B of \u00a7 18.2-272<\/a> or of a similar ordinance<\/span> to unreasonably refuse to have samples of his breath taken for chemical tests to determine the alcohol content of his blood as required by \u00a7 18.2-268.2<\/a>, and any person who so unreasonably refuses is guilty of a violation of this subsection, which is punishable as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A first violation is a civil offense<\/span>. For a first offense<\/span>, the court<\/span> shall suspend the defendant<\/span>’s privilege<\/span> to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266<\/a>, or a violation of any offense<\/span> listed in subsection E of § 18.2-270<\/a> arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor<\/span>. A conviction<\/span> under this subdivision shall of itself operate to deprive the person of the privilege<\/span> to drive for a period of three years from the date of the judgment<\/span> of conviction<\/span>. This revocation<\/span> period is in addition to the suspension period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266<\/a> or 18.2-266.1<\/a> or subsection B of \u00a7 18.2-272<\/a> or of a similar ordinance<\/span> to unreasonably refuse to have samples of his blood taken for chemical tests to determine the alcohol or drug content of his blood as required by \u00a7 18.2-268.2<\/a> and any person who so unreasonably refuses is guilty of a violation of this subsection, which is a civil offense<\/span> and is punishable as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For a first offense<\/span>, the court<\/span> shall suspend the defendant<\/span>’s privilege<\/span> to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a person is found to have violated this subsection and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266<\/a>, or a violation of any offense<\/span> listed in subsection E of § 18.2-270<\/a> arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person of the privilege<\/span> to drive for a period of three years from the date of the judgment<\/span>. This revocation<\/span> period is in addition to the suspension period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a person is arrested for a violation of § 18.2-51.4<\/a>, 18.2-266<\/a>, or 18.2-266.1<\/a> or subsection B of § 18.2-272<\/a> or of a similar ordinance<\/span> and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2<\/a>, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court<\/span> (i) that a person who operates a motor vehicle<\/span> upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding<\/span> of unreasonable refusal to consent may be admitted as evidence<\/span> at a criminal trial<\/span>, (iii) that the unreasonable refusal to do so constitutes grounds for the revocation<\/span> of the privilege<\/span> of operating a motor vehicle<\/span> upon the highways of the Commonwealth, (iv) of the civil penalties for unreasonable refusal to have blood or breath or both blood and breath samples taken, and (v) of the criminal penalty<\/span> for unreasonable refusal to have breath samples taken within 10 years of a prior conviction<\/span> for driving while intoxicated or unreasonable refusal, which is a Class 1 misdemeanor<\/span>. The form from which the arresting officer shall advise the person arrested shall contain a brief<\/span> statement of the law<\/span> requiring the taking of blood or breath samples, a statement that a finding<\/span> of unreasonable refusal to consent may be admitted as evidence<\/span> at a criminal trial<\/span>, and the penalties for refusal. The Office of the Executive Secretary of the Supreme Court<\/span> shall make the form available on the Internet and the form shall be considered an official publication of the Commonwealth for the purposes of § 8.01-388<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The arresting officer shall, under oath<\/span> before the magistrate<\/span>, execute the form and certify (i) that the defendant<\/span> has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection C to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection C read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266<\/a>, or any offense<\/span> described in subsection E of § 18.2-270<\/a> the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause<\/span> for the magistrate<\/span> to issue<\/span> a warrant or summons<\/span> charging the person with unreasonable refusal. The magistrate<\/span> shall attach the executed and sworn advisement form to the warrant or summons<\/span>. The warrant or summons<\/span> for a first offense<\/span> under subsection A or any offense<\/span> under subsection B shall be executed in the same manner as a criminal warrant or summons<\/span>. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue<\/span>, on the premises of the medical facility, a summons<\/span> for a violation of this section in lieu of securing a warrant or summons<\/span> from the magistrate<\/span>. The magistrate<\/span> or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons<\/span> to the appropriate court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A defendant<\/span> who is found guilty of a first offense<\/span> and whose license is suspended pursuant to subdivision A 1 or B 1 may petition<\/span> the court<\/span> 30 days after the date of conviction<\/span> for a restricted license and the court<\/span> may, for good cause shown, provide that the defendant<\/span> is issued a restricted license during the remaining period of suspension, or any portion thereof, for any of the purposes set forth in subsection E of § 18.2-271.1<\/a>. No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle<\/span> as defined in the Virginia Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). If the court<\/span> grants such petition<\/span> and issues<\/span> the defendant<\/span> a restricted license, the court<\/span> shall order<\/span> (i) that reinstatement of the defendant<\/span>’s license to drive be conditioned upon (a) the installation of an ignition interlock system on each motor vehicle<\/span>, as defined in § 46.2-100<\/a>, owned by or registered to the person, in whole or in part, for a period of time not to exceed the period of license suspension and restriction, not less than six consecutive months without alcohol-related violations of the interlock requirements and (b) the requirement that such person not operate any motor vehicle<\/span> that is not equipped with such a system for the period of time that the interlock restriction is in effect and (ii) that, as a condition of probation<\/span> or otherwise, the defendant<\/span> enter into and successfully complete an alcohol safety action program in the judicial district in which such charge is brought or in any other judicial district upon such terms and conditions as the court<\/span> may set forth. However, upon motion<\/span> of a person convicted of any such offense<\/span> following an assessment of the person conducted by an alcohol safety action program, the court<\/span>, for good cause, may decline to order<\/span> participation in such a program if the assessment conducted by the alcohol safety action program indicates that intervention is not appropriate for such person. In no event shall such persons be permitted to enter any such program that is not certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to this section and to § 18.2-271.2<\/a>. The court<\/span> shall require the person entering such program under the provisions of this section to pay a fee of no less than $250 but no more than $300. A reasonable portion of such fee, as may be determined by the Commission on VASAP, but not to exceed 10 percent, shall be forwarded monthly to be deposited with the State Treasurer for expenditure by the Commission on VASAP, and the balance shall be held in a separate fund for local administration of driver alcohol rehabilitation programs. Upon a positive finding<\/span> that the defendant<\/span> is indigent<\/span>, the court<\/span> may reduce or waive<\/span> the fee. In addition to the costs of the proceeding, fees as may reasonably be required of defendants<\/span> referred for intervention under any such program may be charged.\n\t\t\tIf the court<\/span> grants a restricted license to any person pursuant to this section, the court<\/span> shall order<\/span> such person to surrender his driver’s license to be disposed of in accordance with the provisions of § 46.2-398<\/a> and shall forward to the Commissioner of the Department of Motor Vehicles<\/span> a copy of its order<\/span> entered pursuant to this subsection. This order<\/span> shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court<\/span> shall also provide a copy of its order<\/span> to such person who may operate a motor vehicle<\/span> on the order<\/span> until receipt from the Commissioner of the Department of Motor Vehicles<\/span> of a restricted license, but only if the order<\/span> provides for a restricted license for that period. A copy of the order<\/span> and, after receipt thereof, the restricted license shall be carried at all times by such person while operating a motor vehicle<\/span>. The period of time during which the person is prohibited from operating a motor vehicle<\/span> that is not equipped with an ignition interlock system shall be calculated from the date the person is issued a restricted license by the court<\/span>; however, such period of time shall be tolled upon the expiration of the restricted license issued by the court<\/span> until such time as the person is issued a restricted license by the Department of Motor Vehicles<\/span>. Any person who operates a motor vehicle<\/span> in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272<\/a>. The provisions of subsection F of § 18.2-271.1<\/a> shall apply to this subsection mutatis mutandis<\/span>, except as herein provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any other provisions of this section or of § 18.2-271.1<\/a>, nothing in this section shall permit the court<\/span> to suspend, reduce, limit, or otherwise modify any disqualification from operating a commercial motor vehicle<\/span> imposed under the provisions of the Virginia Commercial Driver’s License Act (§ 46.2-341.1<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFUSAL OF TESTS; PENALTIES; PROCEDURES (\u00a7 18.2-268.3)\n\nA. It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or\n18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to\nunreasonably refuse to have samples of his breath taken for chemical tests to\ndetermine the alcohol content of his blood as required by \u00a7 18.2-268.2, and any\nperson who so unreasonably refuses is guilty of a violation of this subsection,\nwhich is punishable as follows:\n\n 1. A first violation is a civil offense. For a first offense, the court shall\n suspend the defendant’s privilege to drive for a period of one year.\n This suspension period is in addition to the suspension period provided under\n § 46.2-391.2.\n\n 2. If a person is found to have violated this subsection and within 10 years\n prior to the date of the refusal he was found guilty of any of the following:\n a violation of this section, a violation of § 18.2-266, or a violation of\n any offense listed in subsection E of § 18.2-270 arising out of separate\n occurrences or incidents, he is guilty of a Class 1 misdemeanor. A conviction\n under this subdivision shall of itself operate to deprive the person of the\n privilege to drive for a period of three years from the date of the judgment\n of conviction. This revocation period is in addition to the suspension period\n provided under § 46.2-391.2.\n\nB. It is unlawful for a person who is arrested for a violation of \u00a7 18.2-266 or\n18.2-266.1 or subsection B of \u00a7 18.2-272 or of a similar ordinance to\nunreasonably refuse to have samples of his blood taken for chemical tests to\ndetermine the alcohol or drug content of his blood as required by \u00a7 18.2-268.2\nand any person who so unreasonably refuses is guilty of a violation of this\nsubsection, which is a civil offense and is punishable as follows:\n\n 1. For a first offense, the court shall suspend the defendant’s\n privilege to drive for a period of one year. This suspension period is in\n addition to the suspension period provided under § 46.2-391.2.\n\n 2. If a person is found to have violated this subsection and within 10 years\n prior to the date of the refusal he was found guilty of any of the following:\n a violation of this section, a violation of § 18.2-266, or a violation of\n any offense listed in subsection E of § 18.2-270 arising out of separate\n occurrences or incidents, such violation shall of itself operate to deprive\n the person of the privilege to drive for a period of three years from the date\n of the judgment. This revocation period is in addition to the suspension\n period provided under § 46.2-391.2.\n\nC. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, or\n18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance and such\nperson refuses to permit blood or breath or both blood and breath samples to be\ntaken for testing as required by § 18.2-268.2, the arresting officer shall\nadvise the person, from a form provided by the Office of the Executive Secretary\nof the Supreme Court (i) that a person who operates a motor vehicle upon a\nhighway in the Commonwealth is deemed thereby, as a condition of such operation,\nto have consented to have samples of his blood and breath taken for chemical\ntests to determine the alcohol or drug content of his blood, (ii) that a finding\nof unreasonable refusal to consent may be admitted as evidence at a criminal\ntrial, (iii) that the unreasonable refusal to do so constitutes grounds for the\nrevocation of the privilege of operating a motor vehicle upon the highways of\nthe Commonwealth, (iv) of the civil penalties for unreasonable refusal to have\nblood or breath or both blood and breath samples taken, and (v) of the criminal\npenalty for unreasonable refusal to have breath samples taken within 10 years of\na prior conviction for driving while intoxicated or unreasonable refusal, which\nis a Class 1 misdemeanor. The form from which the arresting officer shall advise\nthe person arrested shall contain a brief statement of the law requiring the\ntaking of blood or breath samples, a statement that a finding of unreasonable\nrefusal to consent may be admitted as evidence at a criminal trial, and the\npenalties for refusal. The Office of the Executive Secretary of the Supreme\nCourt shall make the form available on the Internet and the form shall be\nconsidered an official publication of the Commonwealth for the purposes of\n§ 8.01-388.\n\nD. The arresting officer shall, under oath before the magistrate, execute the\nform and certify (i) that the defendant has refused to permit blood or breath or\nboth blood and breath samples to be taken for testing; (ii) that the officer has\nread the portion of the form described in subsection C to the arrested person;\n(iii) that the arrested person, after having had the portion of the form\ndescribed in subsection C read to him, has refused to permit such sample or\nsamples to be taken; and (iv) how many, if any, violations of this section,\n§ 18.2-266, or any offense described in subsection E of § 18.2-270 the\narrested person has been convicted of within the last 10 years. Such sworn\ncertification shall constitute probable cause for the magistrate to issue a\nwarrant or summons charging the person with unreasonable refusal. The magistrate\nshall attach the executed and sworn advisement form to the warrant or summons.\nThe warrant or summons for a first offense under subsection A or any offense\nunder subsection B shall be executed in the same manner as a criminal warrant or\nsummons. If the person arrested has been taken to a medical facility for\ntreatment or evaluation of his medical condition, the arresting officer may read\nthe advisement form to the person at the medical facility, and issue, on the\npremises of the medical facility, a summons for a violation of this section in\nlieu of securing a warrant or summons from the magistrate. The magistrate or\narresting officer, as the case may be, shall forward the executed advisement\nform and warrant or summons to the appropriate court.\n\nE. A defendant who is found guilty of a first offense and whose license is\nsuspended pursuant to subdivision A 1 or B 1 may petition the court 30 days\nafter the date of conviction for a restricted license and the court may, for\ngood cause shown, provide that the defendant is issued a restricted license\nduring the remaining period of suspension, or any portion thereof, for any of\nthe purposes set forth in subsection E of § 18.2-271.1. No restricted\nlicense issued pursuant to this subsection shall permit any person to operate a\ncommercial motor vehicle as defined in the Virginia Commercial Driver’s\nLicense Act (§ 46.2-341.1 et seq.). If the court grants such petition and\nissues the defendant a restricted license, the court shall order (i) that\nreinstatement of the defendant’s license to drive be conditioned upon (a)\nthe installation of an ignition interlock system on each motor vehicle, as\ndefined in § 46.2-100, owned by or registered to the person, in whole or in\npart, for a period of time not to exceed the period of license suspension and\nrestriction, not less than six consecutive months without alcohol-related\nviolations of the interlock requirements and (b) the requirement that such\nperson not operate any motor vehicle that is not equipped with such a system for\nthe period of time that the interlock restriction is in effect and (ii) that, as\na condition of probation or otherwise, the defendant enter into and successfully\ncomplete an alcohol safety action program in the judicial district in which such\ncharge is brought or in any other judicial district upon such terms and\nconditions as the court may set forth. However, upon motion of a person\nconvicted of any such offense following an assessment of the person conducted by\nan alcohol safety action program, the court, for good cause, may decline to\norder participation in such a program if the assessment conducted by the alcohol\nsafety action program indicates that intervention is not appropriate for such\nperson. In no event shall such persons be permitted to enter any such program\nthat is not certified as meeting minimum standards and criteria established by\nthe Commission on the Virginia Alcohol Safety Action Program (VASAP) pursuant to\nthis section and to § 18.2-271.2. The court shall require the person\nentering such program under the provisions of this section to pay a fee of no\nless than $250 but no more than $300. A reasonable portion of such fee, as may\nbe determined by the Commission on VASAP, but not to exceed 10 percent, shall be\nforwarded monthly to be deposited with the State Treasurer for expenditure by\nthe Commission on VASAP, and the balance shall be held in a separate fund for\nlocal administration of driver alcohol rehabilitation programs. Upon a positive\nfinding that the defendant is indigent, the court may reduce or waive the fee.\nIn addition to the costs of the proceeding, fees as may reasonably be required\nof defendants referred for intervention under any such program may be charged.\n\t\t\tIf the court grants a restricted license to any person pursuant to this\nsection, the court shall order such person to surrender his driver’s\nlicense to be disposed of in accordance with the provisions of § 46.2-398\nand shall forward to the Commissioner of the Department of Motor Vehicles a copy\nof its order entered pursuant to this subsection. This order shall specifically\nenumerate the restrictions imposed and contain such information regarding the\nperson to whom such a permit is issued as is reasonably necessary to identify\nsuch person. The court shall also provide a copy of its order to such person who\nmay operate a motor vehicle on the order until receipt from the Commissioner of\nthe Department of Motor Vehicles of a restricted license, but only if the order\nprovides for a restricted license for that period. A copy of the order and,\nafter receipt thereof, the restricted license shall be carried at all times by\nsuch person while operating a motor vehicle. The period of time during which the\nperson is prohibited from operating a motor vehicle that is not equipped with an\nignition interlock system shall be calculated from the date the person is issued\na restricted license by the court; however, such period of time shall be tolled\nupon the expiration of the restricted license issued by the court until such\ntime as the person is issued a restricted license by the Department of Motor\nVehicles. Any person who operates a motor vehicle in violation of any\nrestrictions imposed pursuant to this section shall be guilty of a violation of\n§ 18.2-272. The provisions of subsection F of § 18.2-271.1 shall apply\nto this subsection mutatis mutandis, except as herein provided.\n\nF. Notwithstanding any other provisions of this section or of § 18.2-271.1,\nnothing in this section shall permit the court to suspend, reduce, limit, or\notherwise modify any disqualification from operating a commercial motor vehicle\nimposed under the provisions of the Virginia Commercial Driver’s License\nAct (§ 46.2-341.1 et seq.).\n\nHISTORY: 1992, c. 830; 1994, cc. 359, 363; 1997, c. 691; 2001, cc. 654, 779;\n2004, cc. 985, 1013, 1022; 2004, Sp. Sess. I, c. 2; 2005, cc. 757, 840; 2009, c.\n239; 2017, c. 623; 2020, c. 341.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}