Virginia  |  DUI Law

Legal Question

Asked on: 11/29/07, 2:48 am

2nd dui

yes i am on my 2nd dui in 4 months and i my 2nd one i was inviled in a wreck and i didnt blow what are the chances of get out of this one or getting a restriced license

1 Answer


Answered on: 11/29/07, 9:18 am by Michael E. Hendrickson

Re: 2nd dui

If you didn't "blow", meaning that you refused to provide a sample of your presumably alcoholic laden breath, you can still be tried on your refusal and if convicted(that such refusal was unreasonable under the circumstances),

your license will still be suspended for one year. (See Va. Code Sec. 18.2-268.3-4.)

Whether the court would agree to permit you to have a restricted license under these circumstances would be a matter that the judge would have to evaluate very carefully, after considering all of the relevant factors in your case.


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