Grand Larceny in Virginia

[mjones1977]

What is the name of your state (only U.S. law)? Virginia

Last weekend my friend got drunk at a wedding in Richmond and went out to his car to sleep but instead of getting in his car and resting like we told him to he hopped in a car that was park by the back door . Which had its keys in it by the way and drove off. He was pulled over several blocks away by the cops and arrested.
1- he refused a breathalyzer because he said he wasnt drunk but knew he would fail it;(he had 6 shoots of tequila) so he was charged with a DWI
2- he was taken to jail and also charged with GRAND LARCENY for the car.
3- the car he drove off in a 2003 honda element.
4- he 30 years old, jobless and has NO criminal record
He insists he wasn't drunk but doesn't remember taking the car. says he was upset and emotional (whatever)
The next day he contacted a friend of his who is a magistrate and he is insisting that from what she told him that since it was his first offense that he will get off with just a fine.

Is this true? Will the fact he refused the breathalyzer hurt him in court?
How much jail time could he face because of this?
??????Any thoughts?????

[FlyingRon]

He needs a lawyer big time.

They most likely have plenty of evidence to convict him of DUI even without the chemical test. The refusal (with no prior DUI history) is a civil violation, but as blotto as it sounds, he'll probably get the DUI.

The grand larceny charge is serious and he is at the face of it, guilty. The model of car is unimportant, the threshold for grand larceny in the commonwealth is low enough that any drivable car would qualify. He could get 20 years for this.

Even if he ducks jail time for the felony, he's going to get more than just a simple fine I guarantee. And the implications of a felony conviction beyond the initial punishment are substantial.