{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-341.26_3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-341.26_3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-341.26_3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-341.26_3.html"}],"law_id":54631,"edition_id":1,"section_id":54631,"structure_id":13626,"section_number":"46.2-341.26:3","catch_line":"Refusal of tests; issuance of out-of-service orders; disqualification","history":"1992, c. 830; 2001, c. 654; 2017, c. 623.","full_text":"A\n\nIt is unlawful for a person who is arrested for a violation of \u00a7 46.2-341.24 or 46.2-341.31 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 46.2-341.26:2, 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 any offense listed in subsection E of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31 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 46.2-341.24 or 46.2-341.31 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 46.2-341.26:2, 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 any offense listed in subsection E of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31 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 § 46.2-341.24 or 46.2-341.31 and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 46.2-341.26:2, the arresting law-enforcement 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 commercial motor vehicle on a public highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood or 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 immediate issuance of an out-of-service order prohibiting him from driving a commercial vehicle for a period of 24 hours and for the disqualification of such person from operating a commercial motor vehicle, (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 law-enforcement officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, that a finding of unreasonable refusal to consent to testing 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 law-enforcement 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, had refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, any offense listed in subsection E of § 18.2-270, or § 46.2-341.24 or 46.2-341.31 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 law-enforcement 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 law-enforcement officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.E\n\nIf the magistrate finds that there was probable cause to believe the refusal was unreasonable, he shall immediately issue an out-of-service order prohibiting the person from operating a commercial motor vehicle for a period of 24 hours.","order_by":null,"text":{"0":{"id":200641,"text":"It is unlawful for a person who is arrested for a violation of \u00a7 46.2-341.24 or 46.2-341.31 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 46.2-341.26:2, 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":200642,"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":200643,"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 any offense listed in subsection E of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31 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":200644,"text":"It is unlawful for a person who is arrested for a violation of \u00a7 46.2-341.24 or 46.2-341.31 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 46.2-341.26:2, 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":200645,"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":200646,"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 any offense listed in subsection E of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31 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":200647,"text":"When a person is arrested for a violation of § 46.2-341.24 or 46.2-341.31 and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 46.2-341.26:2, the arresting law-enforcement 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 commercial motor vehicle on a public highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood or 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 immediate issuance of an out-of-service order prohibiting him from driving a commercial vehicle for a period of 24 hours and for the disqualification of such person from operating a commercial motor vehicle, (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 law-enforcement officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, that a finding of unreasonable refusal to consent to testing 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":200648,"text":"The law-enforcement 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, had refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, any offense listed in subsection E of § 18.2-270, or § 46.2-341.24 or 46.2-341.31 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 law-enforcement 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 law-enforcement 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":200649,"text":"If the magistrate finds that there was probable cause to believe the refusal was unreasonable, he shall immediately issue an out-of-service order prohibiting the person from operating a commercial motor vehicle for a period of 24 hours.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13626,"edition_id":1,"name":"Commercial Driver's Licenses","identifier":"6.1","label":"article","depth":4,"order_by":1,"parent_id":12772,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":226575,"object_type":"structure","relational_id":13626,"identifier":"6.1","token":"46.2\/II\/3\/6.1","url":"\/46.2\/II\/3\/6.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12772,"edition_id":1,"name":"Licensure of Drivers","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12771,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225629,"object_type":"structure","relational_id":12772,"identifier":"3","token":"46.2\/II\/3","url":"\/46.2\/II\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12771,"edition_id":1,"name":"Titling, Registration and Licensure","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225627,"object_type":"structure","relational_id":12771,"identifier":"II","token":"46.2\/II","url":"\/46.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":62139,"structure_id":13626,"section_number":"46.2-341.1","catch_line":"Title","url":"\/46.2-341.1\/","token":"46.2\/II\/3\/6.1\/46.2-341.1","metadata":false},{"id":86072,"structure_id":13626,"section_number":"46.2-341.10","catch_line":"Special provisions relating to commercial learner's permit","url":"\/46.2-341.10\/","token":"46.2\/II\/3\/6.1\/46.2-341.10","metadata":false},{"id":55427,"structure_id":13626,"section_number":"46.2-341.10:1","catch_line":"Seasonal restricted commercial drivers' licenses","url":"\/46.2-341.10_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.10_1","metadata":false},{"id":80884,"structure_id":13626,"section_number":"46.2-341.11","catch_line":"Commercial drivers required to notify the Department of change of address","url":"\/46.2-341.11\/","token":"46.2\/II\/3\/6.1\/46.2-341.11","metadata":false},{"id":72843,"structure_id":13626,"section_number":"46.2-341.12","catch_line":"Application for commercial driver's license or commercial learner's permit","url":"\/46.2-341.12\/","token":"46.2\/II\/3\/6.1\/46.2-341.12","metadata":false},{"id":69557,"structure_id":13626,"section_number":"46.2-341.13","catch_line":"Disposition of fees","url":"\/46.2-341.13\/","token":"46.2\/II\/3\/6.1\/46.2-341.13","metadata":false},{"id":56197,"structure_id":13626,"section_number":"46.2-341.14","catch_line":"Testing requirements for commercial driver's license; 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sanctions for refusal; procedures","url":"\/46.2-341.26_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_4","metadata":false},{"id":72166,"structure_id":13626,"section_number":"46.2-341.26:5","catch_line":"Qualifications and liability of persons authorized to take blood samples; procedure for taking samples","url":"\/46.2-341.26_5\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_5","metadata":false},{"id":72740,"structure_id":13626,"section_number":"46.2-341.26:6","catch_line":"Transmission of blood samples","url":"\/46.2-341.26_6\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_6","metadata":false},{"id":76404,"structure_id":13626,"section_number":"46.2-341.26:7","catch_line":"Transmission of samples","url":"\/46.2-341.26_7\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_7","metadata":false},{"id":68995,"structure_id":13626,"section_number":"46.2-341.26:8","catch_line":"Fees","url":"\/46.2-341.26_8\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_8","metadata":false},{"id":84778,"structure_id":13626,"section_number":"46.2-341.26:9","catch_line":"Assurance of breath test validity; use of breath tests as evidence","url":"\/46.2-341.26_9\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_9","metadata":false},{"id":86700,"structure_id":13626,"section_number":"46.2-341.27","catch_line":"Presumptions from alcohol and drug content of blood","url":"\/46.2-341.27\/","token":"46.2\/II\/3\/6.1\/46.2-341.27","metadata":false},{"id":75919,"structure_id":13626,"section_number":"46.2-341.28","catch_line":"Penalty for driving commercial motor vehicle while intoxicated; subsequent offense; prior conviction","url":"\/46.2-341.28\/","token":"46.2\/II\/3\/6.1\/46.2-341.28","metadata":false},{"id":79763,"structure_id":13626,"section_number":"46.2-341.29","catch_line":"Penalty for driving commercial motor vehicle with blood alcohol content equal to or greater than 0.04","url":"\/46.2-341.29\/","token":"46.2\/II\/3\/6.1\/46.2-341.29","metadata":false},{"id":68020,"structure_id":13626,"section_number":"46.2-341.3","catch_line":"Conflicts; supplement to driver licensing statutes","url":"\/46.2-341.3\/","token":"46.2\/II\/3\/6.1\/46.2-341.3","metadata":false},{"id":71918,"structure_id":13626,"section_number":"46.2-341.30","catch_line":"Disqualification for driving commercial motor vehicle while intoxicated, etc","url":"\/46.2-341.30\/","token":"46.2\/II\/3\/6.1\/46.2-341.30","metadata":false},{"id":78117,"structure_id":13626,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","url":"\/46.2-341.31\/","token":"46.2\/II\/3\/6.1\/46.2-341.31","metadata":false},{"id":77588,"structure_id":13626,"section_number":"46.2-341.32","catch_line":"Authority to enter into agreements","url":"\/46.2-341.32\/","token":"46.2\/II\/3\/6.1\/46.2-341.32","metadata":false},{"id":80768,"structure_id":13626,"section_number":"46.2-341.33","catch_line":"Repealed","url":"\/46.2-341.33\/","token":"46.2\/II\/3\/6.1\/46.2-341.33","metadata":false},{"id":80048,"structure_id":13626,"section_number":"46.2-341.34","catch_line":"Appeals","url":"\/46.2-341.34\/","token":"46.2\/II\/3\/6.1\/46.2-341.34","metadata":false},{"id":66116,"structure_id":13626,"section_number":"46.2-341.4","catch_line":"Definitions","url":"\/46.2-341.4\/","token":"46.2\/II\/3\/6.1\/46.2-341.4","metadata":false},{"id":66547,"structure_id":13626,"section_number":"46.2-341.5","catch_line":"Regulations consistent with Commercial Motor Vehicle Safety Act","url":"\/46.2-341.5\/","token":"46.2\/II\/3\/6.1\/46.2-341.5","metadata":false},{"id":77056,"structure_id":13626,"section_number":"46.2-341.6","catch_line":"Limitation on number of driver's licenses","url":"\/46.2-341.6\/","token":"46.2\/II\/3\/6.1\/46.2-341.6","metadata":false},{"id":81981,"structure_id":13626,"section_number":"46.2-341.7","catch_line":"Commercial driver's license required; penalty","url":"\/46.2-341.7\/","token":"46.2\/II\/3\/6.1\/46.2-341.7","metadata":false},{"id":81320,"structure_id":13626,"section_number":"46.2-341.8","catch_line":"Nonresidents and new residents","url":"\/46.2-341.8\/","token":"46.2\/II\/3\/6.1\/46.2-341.8","metadata":false},{"id":67339,"structure_id":13626,"section_number":"46.2-341.9","catch_line":"Eligibility for commercial driver's license or commercial learner's permit","url":"\/46.2-341.9\/","token":"46.2\/II\/3\/6.1\/46.2-341.9","metadata":false},{"id":84925,"structure_id":13626,"section_number":"46.2-341.9:01","catch_line":"Specialized training required","url":"\/46.2-341.9_01\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_01","metadata":false},{"id":75974,"structure_id":13626,"section_number":"46.2-341.9:1","catch_line":"Commissioner to grant variances for commercial drivers transporting hazardous wastes","url":"\/46.2-341.9_1\/","token":"46.2\/II\/3\/6.1\/46.2-341.9_1","metadata":false}],"previous_section":{"id":75923,"structure_id":13626,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","url":"\/46.2-341.26_2\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_2","metadata":false},"next_section":{"id":67575,"structure_id":13626,"section_number":"46.2-341.26:4","catch_line":"Appeal and trial; sanctions for refusal; procedures","url":"\/46.2-341.26_4\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-341.26:3\/","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 2 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 2001, chapter 654<\/a>; in 2017, chapter 623<\/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":70219,"section_number":"18.2-272","catch_line":"Driving after forfeiture of license","order_by":null,"url":"\/18.2-272\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"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":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":74505,"section_number":"46.2-341.22","catch_line":"Requirements upon disqualification","order_by":null,"url":"\/46.2-341.22\/"},{"id":67575,"section_number":"46.2-341.26:4","catch_line":"Appeal and trial; sanctions for refusal; procedures","order_by":null,"url":"\/46.2-341.26_4\/"},{"id":66116,"section_number":"46.2-341.4","catch_line":"Definitions","order_by":null,"url":"\/46.2-341.4\/"},{"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":81229,"section_number":"46.2-936","catch_line":"Arrest for misdemeanor; release on summons; right to demand hearing immediately or within 24 hours; issuance of warrant on request of officer for violations of \u00a7\u00a7 46.2-301 and 46.2-302; violations","order_by":null,"url":"\/46.2-936\/"}],"refers_to":[{"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":67312,"section_number":"46.2-341.24","catch_line":"Driving a commercial motor vehicle while intoxicated, etc","order_by":null,"url":"\/46.2-341.24\/"},{"id":75923,"section_number":"46.2-341.26:2","catch_line":"Implied consent to post-arrest chemical test to determine alcohol or drug content of blood of commercial driver","order_by":null,"url":"\/46.2-341.26_2\/"},{"id":78117,"section_number":"46.2-341.31","catch_line":"Driving commercial motor vehicle with any alcohol in blood","order_by":null,"url":"\/46.2-341.31\/"}],"permalink":{"id":226765,"object_type":"law","relational_id":54631,"identifier":"46.2-341.26:3","token":"46.2\/II\/3\/6.1\/46.2-341.26_3","url":"\/46.2-341.26_3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-341.26_3\/","token":"46.2\/II\/3\/6.1\/46.2-341.26_3","dublin_core":{"Title":"Refusal of tests; issuance of out-of-service orders; disqualification","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-341.26:3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It is unlawful for a person<\/span> who is arrested for a violation of \u00a7 46.2-341.24<\/a> or 46.2-341.31<\/a> 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 46.2-341.26:2<\/a>, and any person<\/span> 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<\/span> the defendant<\/span>’s privilege<\/span> to drive for a period of one year. This suspension<\/span> period is in addition to the suspension<\/span> period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a person<\/span> 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 any offense<\/span> listed in subsection E of § 18.2-270<\/a>, or a violation of § 46.2-341.24<\/a> or 46.2-341.31<\/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<\/span> 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<\/span> 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<\/span> who is arrested for a violation of \u00a7 46.2-341.24<\/a> or 46.2-341.31<\/a> 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 46.2-341.26:2<\/a>, and any person<\/span> 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<\/span> the defendant<\/span>’s privilege<\/span> to drive for a period of one year. This suspension<\/span> period is in addition to the suspension<\/span> period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If a person<\/span> 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 any offense<\/span> listed in subsection E of § 18.2-270<\/a>, or a violation of § 46.2-341.24<\/a> or 46.2-341.31<\/a> arising out of separate occurrences or incidents, such violation shall of itself operate to deprive the person<\/span> 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<\/span> period provided under § 46.2-391.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a person<\/span> is arrested for a violation of § 46.2-341.24<\/a> or 46.2-341.31<\/a> and such person<\/span> refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 46.2-341.26:2<\/a>, the arresting law<\/span>-enforcement officer<\/span> shall advise the person<\/span>, from a form provided by the Office of the Executive Secretary of the Supreme Court<\/span>, (i) that a person<\/span> who operates a commercial motor vehicle<\/span> on a public highway<\/span> in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood or 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 immediate issuance of an out-of-service order<\/span> prohibiting him from driving a commercial vehicle for a period of 24 hours and for the disqualification<\/span> of such person<\/span> from operating a commercial motor vehicle<\/span>, (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 law<\/span>-enforcement officer<\/span> shall advise the person<\/span> arrested shall contain a brief<\/span> statement of the law<\/span> requiring the taking of blood or breath samples, that a finding<\/span> of unreasonable refusal to consent to testing 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 law<\/span>-enforcement officer<\/span> 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<\/span>; (iii) that the arrested person<\/span>, after having had the portion of the form described in subsection C read to him, had refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, any offense<\/span> listed in subsection E of § 18.2-270<\/a>, or § 46.2-341.24<\/a> or 46.2-341.31<\/a> the arrested person<\/span> 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<\/span> 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<\/span> arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the law<\/span>-enforcement officer<\/span> may read the advisement form to the person<\/span> 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 law<\/span>-enforcement officer<\/span>, 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> If the magistrate<\/span> finds that there was probable cause<\/span> to believe the refusal was unreasonable, he shall immediately issue<\/span> an out-of-service order<\/span> prohibiting the person<\/span> from operating a commercial motor vehicle<\/span> for a period of 24 hours. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREFUSAL OF TESTS; ISSUANCE OF OUT-OF-SERVICE ORDERS; DISQUALIFICATION (\u00a7\n46.2-341.26:3)\n\nA. It is unlawful for a person who is arrested for a violation of \u00a7 46.2-341.24\nor 46.2-341.31 to unreasonably refuse to have samples of his breath taken for\nchemical tests to determine the alcohol content of his blood as required by \u00a7\n46.2-341.26:2, and any person who so unreasonably refuses is guilty of a\nviolation of this subsection, which 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 any offense listed in subsection E\n of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31\n arising out of separate occurrences or incidents, he is guilty of a Class 1\n misdemeanor. A conviction under this subdivision shall of itself operate to\n deprive the person of the privilege to drive for a period of three years from\n the date of the judgment of conviction. This revocation period is in addition\n to the suspension period provided under § 46.2-391.2.\n\nB. It is unlawful for a person who is arrested for a violation of \u00a7 46.2-341.24\nor 46.2-341.31 to unreasonably refuse to have samples of his blood taken for\nchemical tests to determine the alcohol or drug content of his blood as required\nby \u00a7 46.2-341.26:2, and any person who so unreasonably refuses is guilty of a\nviolation of this subsection, which is a civil offense and is punishable as\nfollows:\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 any offense listed in subsection E\n of § 18.2-270, or a violation of § 46.2-341.24 or 46.2-341.31\n arising out of separate occurrences or incidents, such violation shall of\n itself operate to deprive the person of the privilege to drive for a period of\n three years from the date of the judgment. This revocation period is in\n addition to the suspension period provided under § 46.2-391.2.\n\nC. When a person is arrested for a violation of § 46.2-341.24 or\n46.2-341.31 and such person refuses to permit blood or breath or both blood and\nbreath samples to be taken for testing as required by § 46.2-341.26:2, the\narresting law-enforcement officer shall advise the person, from a form provided\nby the Office of the Executive Secretary of the Supreme Court, (i) that a person\nwho operates a commercial motor vehicle on a public highway in the Commonwealth\nis deemed thereby, as a condition of such operation, to have consented to have\nsamples of his blood or breath taken for chemical tests to determine the alcohol\nor drug content of his blood, (ii) that a finding of unreasonable refusal to\nconsent may be admitted as evidence at a criminal trial, (iii) that the\nunreasonable refusal to do so constitutes grounds for the immediate issuance of\nan out-of-service order prohibiting him from driving a commercial vehicle for a\nperiod of 24 hours and for the disqualification of such person from operating a\ncommercial motor vehicle, (iv) of the civil penalties for unreasonable refusal\nto have blood or breath or both blood and breath samples taken, and (v) of the\ncriminal penalty for unreasonable refusal to have breath samples taken within 10\nyears of a prior conviction for driving while intoxicated or unreasonable\nrefusal, which is a Class 1 misdemeanor. The form from which the law-enforcement\nofficer shall advise the person arrested shall contain a brief statement of the\nlaw requiring the taking of blood or breath samples, that a finding of\nunreasonable refusal to consent to testing may be admitted as evidence at a\ncriminal trial, and the penalties for refusal. The Office of the Executive\nSecretary of the Supreme Court shall make the form available on the Internet,\nand the form shall be considered an official publication of the Commonwealth for\nthe purposes of § 8.01-388.\n\nD. The law-enforcement officer shall, under oath before the magistrate, execute\nthe form and certify (i) that the defendant has refused to permit blood or\nbreath or both blood and breath samples to be taken for testing; (ii) that the\nofficer has read the portion of the form described in subsection C to the\narrested person; (iii) that the arrested person, after having had the portion of\nthe form described in subsection C read to him, had refused to permit such\nsample or samples to be taken; and (iv) how many, if any, violations of this\nsection, any offense listed in subsection E of § 18.2-270, or §\n46.2-341.24 or 46.2-341.31 the arrested person has been convicted of within the\nlast 10 years. Such sworn certification shall constitute probable cause for the\nmagistrate to issue a warrant or summons charging the person with unreasonable\nrefusal. The magistrate shall attach the executed and sworn advisement form to\nthe warrant or summons. The warrant or summons for a first offense under\nsubsection A or any offense under subsection B shall be executed in the same\nmanner as a criminal warrant or summons. If the person arrested has been taken\nto a medical facility for treatment or evaluation of his medical condition, the\nlaw-enforcement officer may read the advisement form to the person at the\nmedical facility and issue, on the premises of the medical facility, a summons\nfor a violation of this section in lieu of securing a warrant or summons from\nthe magistrate. The magistrate or law-enforcement officer, as the case may be,\nshall forward the executed advisement form and warrant or summons to the\nappropriate court.\n\nE. If the magistrate finds that there was probable cause to believe the refusal\nwas unreasonable, he shall immediately issue an out-of-service order prohibiting\nthe person from operating a commercial motor vehicle for a period of 24 hours.\n\nHISTORY: 1992, c. 830; 2001, c. 654; 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}}