Virginia DUI and DWI: Penalties and Criminal Charge Defense

In Virginia, a driver with a blood alcohol content (BAC) of .08 percent is guilty of driving under the influence (DUI) or driving while intoxicated (DWI) which is a per se offense. Under Virginia's code, the BAC is all that is required to convict a driver of a DUI even if there were no other signs of intoxication at the time of the offense. Penalties include jail time, fines, and participation in drug treatment programs. Penalties are enhanced if there are aggravating conditions such as a minor passenger in the vehicle.

Below are Virginia DUI laws:

Implied Consent

In Virginia, implied consent means that drivers suspected of driving under the influence must submit to breath, blood, or urine testing for to determine their BAC. Refusing to submit incurs penalties that may include mandatory suspension of a driving license for up to a year.

Zero Tolerance

 Virginia has a "zero tolerance" law which states that drivers under age 21 who are caught operating a vehicle with a .02 percent BAC are subject to DUI penalties.

Administrative License Suspension/Revocation Penalties

Administrative penalties for a DUI in Virginia include license suspension or revocation; suspension is short-term while revocation is long-term or permanent. In Virginia, the first DUI offense requires a mandatory license suspension of 90 days, a second offense is one year, and a third offense is three years.

Mandatory Alcohol Education and Assessment/Treatment

Virginia requires DUI offenders to attend alcohol tutoring and prevention programs. They must also submit to an assessment. These are often alternatives to actual jail time or fines.

Penalties

Below are a break down of Virginia DUI penalties:

First Virginia DUI Offense

• Jail – 5 days minimum (if there is a passenger under 18 in vehicle); 5 days (if BAC is .15-.20); 10 Days (if BAC above .20)
• Fine - $250 Minimum; additional $500-$1,000 if passenger under 18 in vehicle
• License suspension – 1 Year
• Mandatory ignition interlock installation if BAC above .15
• Participation in alcohol safety action program

Second Virginia DUI Offense

• Jail – 20 days minimum to 1 year if offense less than 5 years after prior offense
• Jail – 5 additional days minimum if there is a passenger under 18 in vehicle

Second Offense within 5-10 Years of Previous

• Jail – 10 days minimum to 1 month; additional 10 Days if BAC is .15-.20; additional 20 days If BAC is above .20; additional 5 Days minimum if passenger under 18 in vehicle
• Fine - $500 Minimum; additional $500-$1,000 if passenger under 18 in vehicle; $50 Trauma Center Fund
• License Suspension – 3 Years
• Mandatory ignition interlock device installation upon reinstatement
• Participation in alcohol safety action program

Third Virginia DUI Offense

• Jail – 6 months minimum  if within 5 years of prior offense; 90 days minimum if within 10 years of prior offense; additional 5 days minimum if passenger under 18 in vehicle
• Fine - $1,000 minimum; $50 Trauma Center Fund
• License Suspension – Indefinite
• Defendant may petition court for restoration after 5 years
• Mandatory ignition interlock device installation if license reinstated

Find an Attorney

The best defense against a charge of a Virginia DUI is a skilled attorney who can advocate for you and litigate your case. A good attorney will know every facet of the law to diminish possible penalties. For example, he or she may determine that the chemical test was inaccurate or the equipment faulty. There may also be other mitigating factors. Talk with an attorney as soon as possible about Virginia's DUI laws.