Virginia DUI Laws

In the Commonwealth of Virginia, driving under the influence is a pretty serious crime. Your driver’s license will be affected and, if convicted, you may even spend time in jail.

Due to the complex nature of DUI law, if you have been charged with a DUI in Virginia, it is crucial that you select an experienced DUI defense attorney.

In Virginia, there are two types of DUI convictions. The prosecutor may prove that you were a less safe driver due to the influence of alcohol or drugs. This is usually proven by the police officer’s testimony about your driving abilities or the results of your field sobriety tests.

The prosecutor may choose to prove that you violated Virginia’s “per se” laws. This means that your blood alcohol content (BAC) was 0.08% or higher. This can be proven through a blood, urine, or breath test.

Immediately after your arrest, your license will be automatically suspended for 7 days. This license suspension is triggered by the DMV and is not related to your criminal case.

DUI is a Class 1 Misdemeanor in Virginia. For a first DUI offense, you may spend up to 1 year in jail and be ordered to pay up to $2,500 in fines. Your driver’s license will also be suspended for up to one year, though you may be granted restricted driving privileges (such as to and from work). The judge will also order you to attend the Virginia Alcohol Safety Alcohol Program at your own expense.

If this is your second conviction within 10 years, you face a mandatory 10-day jail sentence. For a second conviction within 5 years, you must spend 20 days in jail. This is in addition to the extra fines you must pay for having a prior conviction.

There are also special punishments for different circumstances. If your BAC was between 0.15% and 0.20%, it is mandatory that you serve 5 days in jail. If your BAC was 0.20% or higher, the mandatory jail sentence increases to 10 days. And finally, all drivers with a BAC of 0.15% or higher will be ordered to have an ignition interlock device installed in their vehicles.

Please remember that you can fight your DUI charges. To speak to a qualified Virginia DUI defense attorney, please contact us today.