DWI/DUI - Drunk Driving Laws And Attorneys In Virginia
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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VIRGINIA DRIVING UNDER THE INFLUENCE (DUI) LAW
When operating a motor vehicle, boat or watercraft in Virginia, you are
legally considered driving or operating under the influence (DUI) if your
blood alcohol content (BAC) is 0.08 percent or higher. You may be
considered under the influence with a lower BAC if your ability to operate
a motor vehicle, boat or water craft is impaired. If your driving is affected
because you are under the influence of any drug, you may face the same
penalties as driving under the influence of alcohol.
If you are involved in a motor vehicle crash and a law enforcement officer
has probable cause, you can be arrested for DUI within three hours of
the crash without a warrant and at any location.
If you are arrested for DUI a third or subsequent time within a five-year
period, you will not be granted bail while you wait to go to trial.
If you are under age 21, you cannot purchase, possess or consume
alcohol. If law enforcement stops you for illegal consumption of alcohol,
you are subject to administrative license suspension (ALS). If you are
convicted of driving after illegally consuming alcohol and your BAC was
at least 0.02 percent and less than 0.08 percent, you can be fined up to
$500, have your driver’s license suspended for six months, and face a
possible jail term. Regardless of age, if driving on a DUI suspended or
restricted license, you may be charged with DUI if you drive with a BAC of
0.02 percent or higher. Persons under age 21 who drive while under the
influence of drugs or with a blood alcohol content of 0.08 percent or
higher are subject to the same penalties as persons age 21 or older.
Administrative License Suspension (ALS) In Virginia: For a first DUI
offense and/or breath test refusal, your driver’s license will be
automatically suspended for seven days if your BAC is 0.08 percent or
higher. For a second DUI offense and/or breath test refusal, your
license will be automatically suspended for 60 days or until you go to
trial, which ever comes first. For a third DUI offense and/or breath test
refusal, your license will be automatically suspended until you go to trial.
Conviction of a DUI offense will result in suspension of your driver’s
license and other penalties in addition to the administrative suspension.
Note: You do not have the option of requesting a blood test instead of a
breath test for an alcohol-related offense. For a first offense BAC refusal,
the court shall suspend the defendant's privilege to drive for a period of
one year.
If you have had a prior DUI conviction or conviction of breath test refusal,
you will be charged with a Class 2 misdemeanor for refusing to take a
blood alcohol test. If you have had two DUI convictions or conviction of
breath test refusal within a ten-year period, you will be charged with a
Class 1 misdemeanor. Both offenses carry a three-year license
suspension.
Penalties For A DUI Conviction
DUI First offense
a) Mandatory, minimum $250 fine
b) Driver’s license revocation for one year
DUI Second Offense
a) Mandatory, minimum $500 fine
b) Driver’s license revocation for three years
c) Possible jail term up to one year
Conviction for DUI second offense within ten years of prior offense
carries the following additional penalty of a mandatory, minimum ten day
jail term.
Conviction for DUI second offense within five years of prior offense
carries the following additional penalty of a mandatory, minimum 20 day
jail term.
Conviction For DUI Third Offense ( within five years )
a) Mandatory, indefinite driver’s license revocation
b) Mandatory, minimum $1,000 fine
c) Prosecution as a Class 6 felony
d) Mandatory, minimum six-month jail term
e) Permanent forfeiture of your vehicle (if you are the sole owner)
Three DUI Convictions ( within a ten-year period )
a) Mandatory, indefinite driver’s license revocation
b) Mandatory, minimum $1,000 fine
c) Prosecution as a Class 6 felony
d) Mandatory, minimum 90 day jail term
e) Permanent forfeiture of your vehicle (if you are the sole owner)
Conviction for DUI Fourth or subsequent offense will result in a
mandatory minimum jail sentence of 1 year.
BAC of 0.15% and not higher than 0.20% at the time of arrest: First
offense carries a mandatory, minimum five-day jail term in addition to all
other penalties. Second offense within ten years carries a mandatory,
minimum ten-day jail term in addition to all other penalties.
BAC of 0.20% or higher at the time of arrest: First offense carries a
mandatory, minimum ten-day jail term in addition to all other penalties.
Second offense within ten years carries a mandatory, minimum 20-day
jail term in addition to all other penalties.
Transporting Children While Under the Influence: Conviction of any DUI
offense involving a juvenile passenger (age 17 or younger) in the vehicle
at the time of the offense carries an additional mandatory five-day jail
term in addition to all other fines and jail sentences. You may also be
assessed an additional fine of at least $500 and up to $1,000. A second
DUI offense with a juvenile (age 17 or younger) in the vehicle carries an
additional 80- hour community service requirement in addition to all
other fines and jail sentences.
Ignition Interlock Device
You must have an ignition interlock device installed on every vehicle you
own, co-own or operate as a condition of restricted driving privileges or
full restoration of driving privileges if you are:
a) Convicted of a DUI second offense within five years, or
b) Convicted of a third or subsequent offense, or
c) If you are convicted of a first DUI offense and your BAC was 0.15
percent or higher, you must have an ignition interlock device as a
condition of a restricted license, or full restoration of your driving
privileges.
Driving Under A Suspended License In Virginia
Any person who drives or operates any motor vehicle during the time for
which he was deprived of the right to do so after his license has been
revoked is guilty of a Class 1 misdemeanor and is subject to
administrative revocation of his driver's license Any person convicted of
three violations of this section committed within a 10-year period is guilty
of a Class 6 felony that carries a mandatory term of one to five years or a
fine of $2,500 or both.
Find DWI/DUI Lawyers And Attorneys In Virginia
When operating a motor vehicle, boat or watercraft in Virginia, you are
legally considered driving or operating under the influence (DUI) if your
blood alcohol content (BAC) is 0.08 percent or higher. You may be
considered under the influence with a lower BAC if your ability to operate
a motor vehicle, boat or water craft is impaired. If your driving is affected
because you are under the influence of any drug, you may face the same
penalties as driving under the influence of alcohol.
If you are involved in a motor vehicle crash and a law enforcement officer
has probable cause, you can be arrested for DUI within three hours of
the crash without a warrant and at any location.
If you are arrested for DUI a third or subsequent time within a five-year
period, you will not be granted bail while you wait to go to trial.
If you are under age 21, you cannot purchase, possess or consume
alcohol. If law enforcement stops you for illegal consumption of alcohol,
you are subject to administrative license suspension (ALS). If you are
convicted of driving after illegally consuming alcohol and your BAC was
at least 0.02 percent and less than 0.08 percent, you can be fined up to
$500, have your driver’s license suspended for six months, and face a
possible jail term. Regardless of age, if driving on a DUI suspended or
restricted license, you may be charged with DUI if you drive with a BAC of
0.02 percent or higher. Persons under age 21 who drive while under the
influence of drugs or with a blood alcohol content of 0.08 percent or
higher are subject to the same penalties as persons age 21 or older.
Administrative License Suspension (ALS) In Virginia: For a first DUI
offense and/or breath test refusal, your driver’s license will be
automatically suspended for seven days if your BAC is 0.08 percent or
higher. For a second DUI offense and/or breath test refusal, your
license will be automatically suspended for 60 days or until you go to
trial, which ever comes first. For a third DUI offense and/or breath test
refusal, your license will be automatically suspended until you go to trial.
Conviction of a DUI offense will result in suspension of your driver’s
license and other penalties in addition to the administrative suspension.
Note: You do not have the option of requesting a blood test instead of a
breath test for an alcohol-related offense. For a first offense BAC refusal,
the court shall suspend the defendant's privilege to drive for a period of
one year.
If you have had a prior DUI conviction or conviction of breath test refusal,
you will be charged with a Class 2 misdemeanor for refusing to take a
blood alcohol test. If you have had two DUI convictions or conviction of
breath test refusal within a ten-year period, you will be charged with a
Class 1 misdemeanor. Both offenses carry a three-year license
suspension.
Penalties For A DUI Conviction
DUI First offense
a) Mandatory, minimum $250 fine
b) Driver’s license revocation for one year
DUI Second Offense
a) Mandatory, minimum $500 fine
b) Driver’s license revocation for three years
c) Possible jail term up to one year
Conviction for DUI second offense within ten years of prior offense
carries the following additional penalty of a mandatory, minimum ten day
jail term.
Conviction for DUI second offense within five years of prior offense
carries the following additional penalty of a mandatory, minimum 20 day
jail term.
Conviction For DUI Third Offense ( within five years )
a) Mandatory, indefinite driver’s license revocation
b) Mandatory, minimum $1,000 fine
c) Prosecution as a Class 6 felony
d) Mandatory, minimum six-month jail term
e) Permanent forfeiture of your vehicle (if you are the sole owner)
Three DUI Convictions ( within a ten-year period )
a) Mandatory, indefinite driver’s license revocation
b) Mandatory, minimum $1,000 fine
c) Prosecution as a Class 6 felony
d) Mandatory, minimum 90 day jail term
e) Permanent forfeiture of your vehicle (if you are the sole owner)
Conviction for DUI Fourth or subsequent offense will result in a
mandatory minimum jail sentence of 1 year.
BAC of 0.15% and not higher than 0.20% at the time of arrest: First
offense carries a mandatory, minimum five-day jail term in addition to all
other penalties. Second offense within ten years carries a mandatory,
minimum ten-day jail term in addition to all other penalties.
BAC of 0.20% or higher at the time of arrest: First offense carries a
mandatory, minimum ten-day jail term in addition to all other penalties.
Second offense within ten years carries a mandatory, minimum 20-day
jail term in addition to all other penalties.
Transporting Children While Under the Influence: Conviction of any DUI
offense involving a juvenile passenger (age 17 or younger) in the vehicle
at the time of the offense carries an additional mandatory five-day jail
term in addition to all other fines and jail sentences. You may also be
assessed an additional fine of at least $500 and up to $1,000. A second
DUI offense with a juvenile (age 17 or younger) in the vehicle carries an
additional 80- hour community service requirement in addition to all
other fines and jail sentences.
Ignition Interlock Device
You must have an ignition interlock device installed on every vehicle you
own, co-own or operate as a condition of restricted driving privileges or
full restoration of driving privileges if you are:
a) Convicted of a DUI second offense within five years, or
b) Convicted of a third or subsequent offense, or
c) If you are convicted of a first DUI offense and your BAC was 0.15
percent or higher, you must have an ignition interlock device as a
condition of a restricted license, or full restoration of your driving
privileges.
Driving Under A Suspended License In Virginia
Any person who drives or operates any motor vehicle during the time for
which he was deprived of the right to do so after his license has been
revoked is guilty of a Class 1 misdemeanor and is subject to
administrative revocation of his driver's license Any person convicted of
three violations of this section committed within a 10-year period is guilty
of a Class 6 felony that carries a mandatory term of one to five years or a
fine of $2,500 or both.
Find DWI/DUI Lawyers And Attorneys In Virginia
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