| Driving under the influence has been in the crosshairs | | | | 20 additional days for BAC greater than 0.20% |
| of state legislators for the past few decades. While | | | | Ignition Interlock system is required on every |
| public safety concerns are often touted as the reason | | | | vehicle you own or operate |
| for this focus, another important reason is that | | | | If your second DUI conviction occurs between 5 and |
| lawmakers often use Virginia DUI laws as a tool to | | | | 10 years after your initial DUI conviction, minimum |
| portray themselves as being "tough on crime" - which | | | | penalties include: |
| usually has a positive effect on their political careers. | | | | Minimum $500 fine; |
| As a result, DUI laws are constantly changing, and the | | | | Confinement in jail from 1 month to 1 year, with 10 |
| penalties for a DUI conviction are continually becoming | | | | days mandatory; |
| more severe. It is vital that residents be aware of the | | | | 10 additional days for BAC between 0.15% and |
| rules and penalties of Virginia DUI laws. | | | | 0.20%; and |
| Virginia DUI Penalties | | | | 20 additional days for BAC greater than 0.20% |
| If you are charged with a DUI in Virginia, your driver's | | | | Ignition Interlock system is required on every |
| license is automatically suspended for a period of time | | | | vehicle you own or operate |
| (depending on the type of conviction). It is important to | | | | In addition to these penalties, you'll also face a license |
| note that a refusal to take a breath test to determine | | | | revocation for 3 years with a restricted operator's |
| your blood alcohol level is the same as being charged | | | | license potentially available after 4 months if your |
| with DUI in the eyes of the law. However, this does | | | | second DUI occurred 5 to 10 years after your first DUI |
| not mean you are guilty of DUI. | | | | conviction. If your second DUI was less than 5 years |
| Initial DUI Conviction | | | | after your first, you may be eligible for a restricted |
| If you are convicted of Virginia DUI for the first time: | | | | operator's license after 1 year. |
| Your driver's license will be revoked for 1 year | | | | Third DUI Conviction |
| (though you are eligible for a restricted operator's | | | | If all 3 of your Virginia DUI convictions occur within a |
| license); | | | | 5-year-period: |
| If your blood alcohol content (BAC) was higher | | | | It is considered a Class 6 Felony - resulting in 1-5 |
| than 0.15, you will be required to place an ignition | | | | years imprisonment or up to 12 months in jail and a |
| interlock device on your vehicle; | | | | $2,500 fine; |
| You will be fined at least $250; and | | | | Mandatory minimum jail sentence of 6 months; and |
| You could be fined up to $2,500 and jailed for up | | | | Mandatory $1,000 fine. |
| to a year. | | | | If all 3 Virginia DUI convictions occurred between 5 and |
| These penalties will vary dependent on your BAC, | | | | 10 years: |
| previous driving record, the police report of your DUI | | | | It is considered a Class 6 Felony - resulting in 1 to 5 |
| arrest or accident, and of course, the strength of your | | | | years imprisonment or up to 12 months in jail and a |
| DUI defense. | | | | $2,500 fine; |
| Second DUI Conviction | | | | Mandatory minimum jail sentence of 90 days; |
| The penalties for your second Virginia DUI conviction | | | | Mandatory $1,000 fine; and |
| will vary depending on when your second conviction | | | | Ignition Interlock system required for every car you |
| occurred in relation to your first conviction. | | | | own or operate. |
| If your second DUI conviction occurs less than 5 years | | | | Additionally, your license will be revoked for 3 years |
| within your initial DUI conviction, minimum penalties | | | | and you may be declared a "habitual offender" in |
| include: | | | | which case you may permanently lose your driving |
| Minimum $500 fine; | | | | privileges. |
| Confinement in jail from 1 month to 1 year, with 20 | | | | Because the mandatory minimum sentences |
| days mandatory; | | | | associated with Virginia DUI laws are so extreme, it is |
| 10 additional days for Blood Alcohol Content (BAC) | | | | very often advantageous for defendants to take their |
| between 0.15% and 0.20%; and | | | | cases to trial. |