| A first time DUI offense in Virginia obviously carries the | | | | Third offenses for a Virginia DUI charge change the |
| lowest amount of penalties, but even so, they are | | | | crime from a misdemeanor to a class 6 felony and |
| more than a slap on a wrist. If convicted of a Virginia | | | | continue to assess penalties based on the timeframe |
| DUI, you will face: | | | | of prior convictions. |
| Administrative License Suspension - automatic | | | | If all 3 DUI offenses were committed within a |
| suspension of your driver's license for 7 days if your | | | | 5-year-period: |
| blood alcohol level (BAC) is 0.08% or higher. | | | | Class 6 Felony - resulting in 1-5 years imprisonment |
| Class 1 misdemeanor - mandatory minimum fine of | | | | or up to 12 months in jail and a $2,500 fine; |
| $250 up to $2,500 and up to 12 months in jail for DUI | | | | mandatory minimum jail sentence of 6 months; and |
| charges with BAC less than 0.15% | | | | mandatory $1,000 fine. |
| Class 1 misdemeanor charges increased to | | | | If all 3 DUI offenses were committed within a period of |
| mandatory 5 days minimum with BAC between 0.15 | | | | more than 5 years ago and up to 10 years: |
| and 0.20% | | | | Class 6 Felony - resulting in 1-5 years imprisonment |
| Class 1 misdemeanor charges increased to | | | | or up to 12 months in jail and a $2,500 fine; |
| mandatory 10 days minimum with BAC higher than | | | | mandatory minimum jail sentence of 90 days; and |
| 0.20% | | | | mandatory $1,000 fine. |
| License Suspension - license revoked for 1 year; | | | | A third Virginia DUI conviction will most likely result in a |
| eligible for immediate Restricted Operator's License; | | | | declaration of "Habitual Offender" which can mean an |
| Ignition Interlock required for BAC of 0.15% or higher. | | | | indefinite suspension of your license. Third convictions |
| A second DUI offense in Virginia now takes into | | | | are also not granted bail while you await trial. While first |
| consideration when your first offense occurred and | | | | and second convictions are typically handled only in the |
| adjusts the penalties accordingly. If your second | | | | General Circuit Court, third convictions must be settled |
| Virginia DUI offense came within less than 5 years of | | | | in Circuit Court. |
| a prior DUI offense, your minimum penalties may | | | | A fourth Virginia DUI conviction ceases to differentiate |
| include: | | | | penalties based on the 5- and 10-year thresholds and |
| Minimum $500 fine; | | | | imposes a mandatory 1 year minimum imprisonment |
| Confinement in jail from 1 month to 1 year, 20 days | | | | along with the mandatory $1,000 minimum fine. |
| mandatory; | | | | However, the time between your current and prior DUI |
| 10 additional days for BAC between 0.15% and | | | | convictions still can factor into your evidence and |
| 0.20%; and | | | | should not be overlooked when presenting your case. |
| 20 additional days for BAC greater than 0.20%. | | | | Second and third DUI convictions come with a |
| If your second Virginia DUI offense came within 5 to 10 | | | | mandatory 3-year license suspension and the |
| years of a prior DUI offense, your minimum penalties | | | | installation of an Ignition Interlock system in your vehicle |
| may include: | | | | to prevent operation while intoxicated. A fourth Virginia |
| Minimum $500 fine; | | | | DUI conviction results in your license being revoked |
| Confinement in jail from 1 month to 1 year, 10 days | | | | indefinitely. |
| mandatory; | | | | With each conviction the penalties change, so knowing |
| 10 additional days for BAC between 0.15% and | | | | Virginia's minimum penalties for your conviction is a |
| 0.20%; and | | | | good way to work toward the lowest sentence |
| 20 additional days for BAC greater than 0.20%. | | | | possible. |