Refusal of tests in Virginia

Refusal of tests is a Class 1 Misdemeanor under Virginia criminal law, defined by Va. Code Ann. § 18.2-268.3. As a Class 1 Misdemeanor, it is punishable within the statutory sentencing range Virginia sets for that offense class. Virginia classifies offenses as Class 1 through Class 6 felonies and Class 1 through Class 4 misdemeanors (Va. Code Ann. § 18.2-9), with the standard punishment ranges set by §§ 18.2-10 and 18.2-11 — and a substantial number of offenses are unclassified, with the penalty stated in the defining section itself. Traffic infractions are not criminal offenses (§ 18.2-8).

Defined by Va. Code Ann. § 18.2-268.3.

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.