The first breath test is known as the preliminary breath test or PBT. That test is not to be used against you in court unless you or your attorney argue the officer did not have enough facts to arrest you for DUI / DWI. That test is completely voluntary without any consequences for refusing to participate. The second test occurs once you have been arrested by the officer. That test is mandated by law, and if you choose not to provide a sample, you will most likely be charged with another offense, which is known as a Refusal. This charge usually is a civil violation that, if you are convicted by a judge in court, can lead to a 1-year license suspension in Virginia.
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