A motorist in Virginia may incur a DUI in two ways. The first is through the per se law, which means that any driver with a blood alcohol content level (BAC) of .08 percent or higher who is over the age of 21 will be arrested and charged with DUI. Those under 21 need only have a BAC of .02 percent to get charged with DUI and commercial vehicle drivers only need to have .04 percent. The other way for a motorist to get charged is if they show signs of impairment from alcohol or drugs, as proven by driving pattern or performance on a field sobriety test.
Virginia is part of the Interstate Driver’s License Compact, which means that if a motorist from another incurs a DUI in the State of Virginia, they may face penalties just like any other Virginia resident. Penalties include fines, license suspension, or even jail time. Those who are charged with DUI in Virginia should seek the help of a DUI lawyer as soon as possible to avoid strict penalties.
Penalties for Virginia DUI Convictions
If a motorist is found guilty of DUI in Virginia, the following penalties may be incurred:
1st DUI Conviction
• Imprisonment
o 5 days minimum if a passenger under 18 was in the vehicle
o 5 days if BAC is between .15-.20 percent
o 10 days if BAC above .20 percent
• Fine minimum $250
o Additional $500-$1,000 if a passenger under 18 was in the vehicle
• Driver’s license suspended 1 year
• Ignition interlock device required if BAC .15 and above
• Must complete an alcohol safety program
2nd DUI Conviction
• Imprisonment
o If previous offense less than 5 years from current DUI
20 days to 1 year
Additional 5 days if a passenger under 18 in the vehicle
o If previous offense within 5-10 years of current DUI
10 days to 1 month
Additional 5 days if a passenger under 18 in the vehicle
Additional 10 days if BAC between .15-.20 percent
Additional 20 days if BAC above .20 percent
• Fine minimum $500
o Additional $500-$1,000 if a passenger under 18 was in the vehicle
• Driver’s license suspended 1 year
• Ignition interlock device required
• Must complete an alcohol safety program
3rd DUI Conviction
• Imprisonment
o If previous offense less than 5 years from current DUI
6 months minimum
Additional 5 days if a passenger under 18 in the vehicle
o If previous offense within 5-10 years of current DUI
90 days minimum
Additional 5 days if a passenger under 18 in the vehicle
• Fine minimum $1,000
• Driver’s license suspended indefinitely but may petition court after 5 years
• Ignition interlock device required if license reinstated
• Must complete an alcohol safety program
Virginia DUI Laws for Minors
Anyone under the age of 21 who is found guilty of drinking and driving may incur a Class 1 misdemeanor charge. The offender may also forfeit their license for 1 year, be required to pay a minimum fine, and be ordered to perform community service.
Vehicle Impound Law
As of 2010, Virginia’s DUI law states that an offender’s vehicle may be impounded if the offender was convicted of DUI and driver on a suspended license. The vehicle will be impounded for a minimum of 90 days. If the offender was driving a school bus while under the influence of alcohol or drugs, they will now be charged with a Class 1 misdemeanor.
Implied Consent Law in Virginia
The state of Virginia has what is called an implied consent law, which states that any driver in Virginia must agree to submit to a chemical test to determine their level of intoxication. Should a motorist refuse, they will be charged with refusal to take a BAC test and may have their license suspended in addition to other DUI penalties.
Hiring a DUI Lawyer
If you have been charged with driving under the influence in Virginia, speak to a top DUI lawyer immediately to fight your case. Anyone who is convicted of DUI can have their life negatively affected in various aspects, including employment and finances. Virginia DUI attorneys work hard to ensure that your charges are either significantly lowered or dismissed altogether.
For the best possible outcome of your case, contact an elite team of DUI lawyers in Virginia today.
