After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34. If you unreasonably refuse a breath or blood test, Virginia law requires the court to suspend your driver's license for one year.Learn about Your First DUI Court Appearance in Virginia: What You Need to Know in this blog post and contact our attorneys today for help. What Are the Penalties for DUI as a Misdemeanor? After an arrest for DUI in Virginia, the criminal justice system will move very quickly. You should know what to expect and why to call a lawyer right away. The arresting officer must also complete a DUI report along with a copy of the Certificate of Breath Alcohol Analysis, (white and yellow copies),. Is this your first arrest for a DUI in Virginia? A DUI, even for a first offense, is a serious matter in Virginia. A refusal to complete a field sobriety test typically does not carry the same serious repercussions as refusing a breathalyzer test.