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Virginia Man Arrested for Drunk Driving & Refusing DUI Test in Leesburg


A man from Herndon faces Virginia criminal charges for driving under the influence (DUI) and refusing a DUI test, according to an article by the Loudoun Times-Mirror.

The Loudoun County Sheriff’s Office arrested the Herndon man on Friday, October 4th at approximately 11 p.m. That is when sheriff’s deputies responded to reports of a reckless or intoxicated driver near the 19700 block of Sycolin Road in Leesburg.

When the deputies executed a traffic stop, they suspected intoxication and even found alcohol containers in the vehicle. Although law enforcement attempted to administer a DUI test, the Herndon man refused.

As a result of this incident, the Herndon man faces criminal charges for DUI and refusing a DUI test. Both charges represent second-time offenses for the Herndon man.

At this point, the Herndon driver must wait for further proceedings in his legal case. In the meantime, it feels appropriate to review the Virginia penalties for drunk driving and refusing a DUI test.

What are the Penalties for Drunk Driving?

The penalties for drunk driving appear under Code of Virginia Section 18.2-270. From an overarching standpoint, Section 18.2-270 classifies a first-time DUI offense as a Class 1 misdemeanor. Upon conviction, the offender can face up to 12 months in county jail and $2,500 in fines.

That being said, Section 18.2-270 also outlines mandatory minimum levels of punishment for repeat DUI offenders. For example:

  • Second DUI Offense — Remains a Class 1 misdemeanor but includes a minimum of one month in jail and at least $500 in fines; and
  • Third DUI Offense — Becomes a Class 6 felony and includes a minimum of 90 days to six months in jail and at least $1,000 in fines.

Additionally, DUI offenders can face other mandatory minimum levels of punishment if they register high levels of blood-alcohol concentration (BAC). These penalties apply when a driver’s BAC was 0.15 or higher, which is far above the legal limit of 0.08. As the Herndon man refused to submit to a DUI test, however, it is not possible to ascertain his exact BAC at the time of the offense.

What are the Penalties for Refusing a DUI Test?

The penalties for refusing a DUI test appear under Code of Virginia Section 18.2-268.3. As Virginia law requires drivers to submit to these tests, there are automatic criminal penalties for unreasonably refusing such a test.

Section 18.2-268.3 establishes the following penalty structure for refusing a DUI test:

  • First Offense — Qualifies as a civil violation and punishable by 12 months of driver’s license suspension; and
  • Second or Subsequent Offense — Qualifies as a Class 1 misdemeanor and punishable by 36 months of driver’s license suspension, in addition to any other penalties at law.

Let Us Help You Today

If you need legal help with drunk driving or refusing a DUI test in Virginia, it can be exceedingly advantageous to contact a well-qualified criminal defense attorney. The Leesburg drunk driving attorneys at Simms Showers LLP have proven experience in matters of criminal defense, including drunk driving and refusing DUI tests. If you need legal assistance with criminal defense, contact us today for a free initial consultation.




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