Have you recently been pulled over by law enforcement in Virginia and asked to take a breathalyzer or perform field sobriety tests? If so, you’re not alone—and you likely have questions about your rights in these situations.
Traffic stops can be nerve-wracking, especially if you’ve had even a single drink. Understanding what the law requires and what you can legally refuse helps you protect your rights—and your future.
DUI laws in Virginia are strict, and how you respond at the roadside can significantly impact the outcome of your case.
If you’re facing charges—or think you might be—your first step should be to contact a reputable DUI defense attorney. Cody Villalon, a seasoned Richmond criminal defense lawyer, has spent more than a decade protecting the rights of individuals in situations just like yours. Reach out to him today at 804.316.0765 and schedule a free consultation.
Why You Should Work With Cody Villalon
When you are facing a DUI charge, the stakes are high. A conviction can mean a suspended license, steep fines, increased insurance costs, and even jail time. You need a defense attorney who knows Virginia DUI law inside and out—and who treats your case with the urgency and seriousness it deserves. Cody Villalon can help you. Consider why individuals across Richmond place their faith in him.
- Over a decade of experience in criminal defense, with a focus on DUI and traffic-related offenses.
- Thorough knowledge of Virginia’s implied consent laws and DUI procedures.
- A hands-on, personalized approach—Cody is a sole practitioner who prioritizes each client individually.
- A dedicated focus on criminal law that ensures an in-depth understanding and strategic defense.
Cody knows how confusing and intimidating the DUI process can be. He works tirelessly to protect your rights and guide you toward the best possible outcome. If you’ve refused a breathalyzer or are unsure what your refusal might mean, don’t hesitate, reach out to him today.
Your Questions Answered: Can You Refuse a Breathalyzer or Field Sobriety Test in Virginia?
Virginia law can be difficult to navigate when it comes to DUI stops. Below, Cody answers some of the most frequently asked questions about breathalyzers, field sobriety tests, and your rights if detained for a DUI.
What Is a Field Sobriety Test—and Do I Have to Take One?
A field sobriety test is a series of physical and cognitive exercises administered by law enforcement during a DUI stop. These may include walking in a straight line, standing on one leg, or following a moving object with your eyes.
In Virginia, you are not legally required to take a field sobriety test. These tests are voluntary, and you may politely decline to perform them. In fact, many DUI defense attorneys advise against taking these tests, as they are subjective and often used to build a case against you—even if you are not intoxicated.
Can I Legally Refuse a Preliminary Breath Test at the Scene?
Yes. During a traffic stop, the officer may ask you to blow into a handheld device known as a preliminary breath test (PBT). This device gives the officer an estimate of your blood alcohol concentration (BAC) and is often used to help establish probable cause for arrest.
You can refuse this roadside PBT without facing automatic legal penalties. However, your refusal can still be mentioned in court and may influence the officer’s decision to arrest you.
It’s important to understand that the roadside PBT is different from the official breathalyzer administered after arrest at the police station. Tests conducted after an arrest are mandatory by law.
What Happens If I Refuse the Breathalyzer at the Police Station?
Refusing a breathalyzer after being arrested is a much more serious matter. Under Virginia’s implied consent law, if you are lawfully arrested for DUI, you are deemed to have consented to a post-arrest chemical test of your blood or breath.
Refusing this test comes with automatic civil penalties:
- A first refusal is a civil offense and results in a 12-month license suspension, with no eligibility for a restricted license.
- Subsequent refusals within ten years are criminal offenses and carry steeper penalties, including jail time and longer license suspensions.
If you’ve refused a post-arrest breath test, contact Cody Villalon immediately. He can help determine whether the stop and arrest were lawful and whether the refusal penalties can be challenged.
Does Refusing These Tests Help or Hurt My Case?
The answer to this depends on the circumstances. Refusing a field sobriety test or preliminary breath test may limit the amount of evidence the officer can collect against you. In some cases, this helps your defense.
However, refusing the official breathalyzer after arrest comes with significant consequences. It may also affect your ability to fight the underlying DUI charge. That’s why it’s so important to work with a DUI defense attorney like Cody Villalon, who can review every detail of your case and help develop a strong legal strategy.
What if I Wasn’t Driving Drunk but Still Got Arrested?
Not everyone arrested for DUI is actually impaired. Police officers are human, and they can misinterpret behavior, speech, or even medical conditions as signs of intoxication. Additionally, field sobriety tests are often inaccurate and fail to account for physical disabilities, anxiety, or road conditions.
If you were arrested despite being sober, you still need to protect yourself. The legal system can be unforgiving, and even an unfounded DUI charge can have life-altering consequences. Cody Villalon will investigate your arrest, examine the validity of the tests administered, and fight to have any inappropriate evidence excluded.
Can I Still Fight a DUI Charge If I Took the Breathalyzer?
Yes. Even if you submitted to a breathalyzer and your BAC was over the legal limit, there are still many defense options available. The device may have been improperly calibrated, the officer may not have followed proper protocol, or your rights may have been violated during the stop.
Cody Villalon has successfully defended clients in a wide range of DUI cases, including those with chemical test results. Regardless of your situation, engaging qualified legal representation is a valuable decision.
Cody Villalon Can Help You Understand—and Protect—Your Rights
If you’ve refused a breathalyzer, or field sobriety test—or are facing DUI charges of any kind—it’s time to get help from a seasoned DUI defense lawyer, one who knows the system and will advocate fiercely on your behalf.
Cody Villalon has built his reputation on defending individuals facing serious legal consequences. He treats each client with respect, discretion, and compassion—never judgment. His goal is to help minimize the impact of a DUI arrest on your life and future.
Contact Cody today at 804.316.0765 to schedule your free consultation. Learn about your rights, explore your legal options, and take the first step toward resolving your case with confidence.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 15 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
