What happens if you refuse a breath test or have a BAC of .08 or higher for a first DUI offense?

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Refusing a breath test or having a blood alcohol concentration (BAC) of .08 or higher for a first DUI offense in Virginia results in significant consequences, including a suspension of your driving privileges. When you refuse the breath test, the Virginia law imposes an immediate administrative penalty, which entails a seven-day suspension of your driving privileges. This action is intended to encourage compliance with testing laws and to deter impaired driving.

A refusal can signal serious implications regarding legal accountability, as it suggests an acknowledgment of potential impairment. This law aims to reinforce the importance of assessing a driver's sobriety and reducing the risks associated with drunk driving. Having a BAC of .08 or higher also leads to immediate repercussions, which can further affect driving privileges and lead to more severe penalties upon conviction. Therefore, the correct understanding emphasizes that the driving privilege suspension for refusing a breath test is 7 days, aligning with the administrative consequences outlined by Virginia law.

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