{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-268.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-268.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-268.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-268.4.html"}],"law_id":80937,"edition_id":1,"section_id":80937,"structure_id":13849,"section_number":"18.2-268.4","catch_line":"Trial and appeal for refusal","history":"1992, c. 830; 1994, cc. 151, 359, 363; 2004, cc. 985, 1013; 2005, cc. 757, 840, 943; 2017, c. 623.","full_text":"A\n\nVenue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 18.2-268.3 is to be tried.B\n\nThe procedure for appeal and trial of any civil offense of § 18.2-268.3 shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.C\n\nIf the defendant pleads guilty to a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, the court may dismiss the warrant or summons.\n\t\t\tThe court shall dispose of the defendant’s license in accordance with the provisions of § 46.2-398; however, the defendant’s license shall not be returned during any period of suspension imposed under § 46.2-391.2.","order_by":null,"text":{"0":{"id":290126,"text":"Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the offense of driving under the influence of intoxicants or other offense listed in subsection A or B of § 18.2-268.3 is to be tried.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":290127,"text":"The procedure for appeal and trial of any civil offense of § 18.2-268.3 shall be the same as provided by law for misdemeanors; if requested by either party on appeal to the circuit court, trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":290128,"text":"If the defendant pleads guilty to a violation of § 18.2-266 or 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, the court may dismiss the warrant or summons.\n\t\t\tThe court shall dispose of the defendant’s license in accordance with the provisions of § 46.2-398; however, the defendant’s license shall not be returned during any period of suspension imposed under § 46.2-391.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-268.4\/","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 4 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 151<\/a>, 359<\/a>, and 363<\/a>; in 2004, chapters 985<\/a> and 1013<\/a>; in 2005, chapters 757<\/a>, 840<\/a>, and 943<\/a>; in 2017, chapter 623<\/a>.<\/p>","references":false,"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":54870,"section_number":"18.2-268.3","catch_line":"Refusal of tests; penalties; procedures","order_by":null,"url":"\/18.2-268.3\/"},{"id":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"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":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":166865,"object_type":"law","relational_id":80937,"identifier":"18.2-268.4","token":"18.2\/7\/2\/18.2-268.4","url":"\/18.2-268.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-268.4\/","token":"18.2\/7\/2\/18.2-268.4","dublin_core":{"Title":"Trial and appeal for refusal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-268.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Venue<\/span> for the trial<\/span> of the warrant or summons<\/span> shall lie in the court<\/span> of the county or city in which the offense<\/span> of driving under the influence of intoxicants or other offense<\/span> listed in subsection A or B of § 18.2-268.3<\/a> is to be tried. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The procedure for appeal<\/span> and trial<\/span> of any civil offense<\/span> of § 18.2-268.3<\/a> shall be the same as provided by law<\/span> for misdemeanors<\/span>; if requested by either party<\/span> on appeal<\/span> to the circuit<\/span> court<\/span>, trial<\/span> by jury<\/span> shall be as provided in Article 4 (§ 19.2-260<\/a> et seq.) of Chapter 15 of Title 19.2, and the Commonwealth shall be required to prove its case beyond a reasonable doubt<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the defendant<\/span> pleads guilty to a violation of § 18.2-266<\/a> or 18.2-266.1<\/a> or subsection B of § 18.2-272<\/a> or of a similar ordinance<\/span>, the court<\/span> may dismiss the warrant or summons<\/span>.\n\t\t\tThe court<\/span> shall dispose of the defendant<\/span>’s license in accordance with the provisions of § 46.2-398<\/a>; however, the defendant<\/span>’s license shall not be returned during any period of suspension imposed under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRIAL AND APPEAL FOR REFUSAL (\u00a7 18.2-268.4)\n\nA. Venue for the trial of the warrant or summons shall lie in the court of the\ncounty or city in which the offense of driving under the influence of\nintoxicants or other offense listed in subsection A or B of § 18.2-268.3 is\nto be tried.\n\nB. The procedure for appeal and trial of any civil offense of § 18.2-268.3\nshall be the same as provided by law for misdemeanors; if requested by either\nparty on appeal to the circuit court, trial by jury shall be as provided in\nArticle 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2, and the\nCommonwealth shall be required to prove its case beyond a reasonable doubt.\n\nC. If the defendant pleads guilty to a violation of § 18.2-266 or\n18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, the\ncourt may dismiss the warrant or summons.\n\t\t\tThe court shall dispose of the defendant’s license in accordance with\nthe provisions of § 46.2-398; however, the defendant’s license shall\nnot be returned during any period of suspension imposed under § 46.2-391.2.\n\nHISTORY: 1992, c. 830; 1994, cc. 151, 359, 363; 2004, cc. 985, 1013; 2005, cc.\n757, 840, 943; 2017, c. 623.","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}}