Virginia DUI Laws, Penalties, and License SuspensionVirginia drunk driving laws have become more and more complicated and the penalties are more harsh that ever. The amount of alcohol a person can consume is becoming less and the effort to crack down on DUI's is rising. Most people arrested for drunk driving have never been in trouble with the law before, this will be the first time they were handcuffed, put into the back of a police car, and tried by the state in court.
The DMV and court process is confusing and there is no room for even the slightest error. Knowing the laws, penalties, fees and process is extremely important. The biggest mistake you can make is assuming that you don't need to speak to a lawyer. DUIs are very complex and a lot is at stake. If you plead guilty to a DUI, your guilty. No reducing, no plea bargaining, just guilty. Give your case a change, talk to a lawyer. You can schedule a free, no obligation consultation with an attorney today by calling (877) 678-5640.
Virginia Laws
The following driving actions are illegal in the State of Virginia:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
Virginia Penalties
First Drunk Driving Conviction
The first time you are arrested and convicted of drunk driving in the State of Virginia you will receive a minimum fine of $250 and your drivers license will be suspended for 1 year. If you were driving with a child under the age of 17 at the time of your arrest, you will serve a minimum 5 day jail term. You will also face additional fines ranging from $500-$1,000. If your blood alcohol concentration (BAC) was between .15 and .20 at the time of arrest you will receive a mandatory minimum 5 days in jail. If your BAC was between .20 or higher, you will receive a minimum mandatory 10 days in jail.
Second Drunk Driving Conviction
The second time you are arrested for a DUI in Virginia you will receive a mandatory minimum fine of $500. Your drivers license will be revoked for 3 years and you could serve up to 1 year in jail. On your second DUI you will serve a mandatory minimum of 10 days in jail if it was within 10 years of the first. If the DUI was within 5 years of the first you will spend a mandatory minimum of 20 days in jail. If you were driving with a child under the age of 17 at the time of your second arrest, you will be ordered to do 80 hours of community service in addition to other fines and jail time. You will also be ordered to install 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 your driving privileges.
Third Drunk Driving Conviction
The 3rd arrest and conviction for drunk driving in the State of Virginia within a 10 year period is considered a felony. You will receive a mandatory minimum indefinite drivers license revocation. You will also be fined a mandatory minimum $1,000. You will also be ordered to install 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 your driving privileges if the court allows. If the 3rd offense was within 5 years you will face a mandatory minimum of 6 months in jail and a permanent forfeiture of your vehicle. If the 3rd offense was within 10 years you will receive a mandatory minimum 90 days in jail. and a permanent forfeiture of your vehicle.
Virginia Drivers License Issues
The implied consent law in Virginia means that as a driver in the State of Virginia you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test you will be charged with refusal to take a blood alcohol test. The court may suspend your license if you are found guilty of the offense, and you may be subject to some of the same penalties that a DUI conviction would bring.
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