Virginia DUI Penalties

Virginia DUI laws and penalties

Each State within the United States has been given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different laws within the State of Virginia, and their penalties. To begin with, Virginia does not have what is known as “Lookback Period”, also known as a “washout” period.

What constitutes a high BAC for a DUI in Virginia?

Under 21: .02%
21 or Older: .08%
Commercial: .04%

There is never an acceptable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments are severely hindered and not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance level for alcohol is severely unpredictable, making it impossible to say how many drinks are “normal” or not. This is what requires law enforcement to perform chemical tests on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test, Virginia has what is known as an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take the chemical test, the penalties are as follows:

First Offense: 1 year license suspension
Second Offense: 3 year license suspension (if prior refusal occurred within 10 years)
Third Offense: 3 year license suspension (if prior refusal occured within 10 years)

What are the penalties within the Virginia DUI laws?

There are several penalties within the Virginia DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol with the boarders of the State of Virginia, the following penalties are what you will be facing:

Penalty of Jail

First Offense: Minimum 5 days
Second Offense: 20 days to 1 year
Third Offense: Minimum 6 months

Penalties and Fines

First Offense: $250 minimum
Second Offense: $500 minimum
Third Offense: $1,000 minimum

Penalty of License Suspension

First Offense: 1 year
Second Offense: 3 years
Third Offense: Indefinitely

Penalty of Ignition Interlock Device (IID)

First Offense: Yes (if BAC is .15 or above)
Second Offense: Yes
Third Offence: Yes

Conclusion

It is important to note that laws change, as well as their interpretation an application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the law in different ways, it is important to prepare for the unexpected. For this reason, it would be in your best interest to retain the services of a professional and experienced lawyer who is well versed on the DUI law within the State of Virginia, as well as being capable of giving you the direction you need for your specific case, along with being current on all laws pertaining to DUI.

(Tags - DUI Tests - DUI Penalties - dui state laws - Virginia DUI law )