Virginia DUI Laws

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The maximum prescribed legal BAC limit in Virginia is 0.08% per se
(effective from Jul 1st 1994)

(If you’ve been charged with Virginia DUI, the law allows 10 days for your Virginia DUI Lawyer to make a request for a Virginia Department of Motor Vehicles (DMV) administrative hearing to save your driving license)

Virginia DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Virginia it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Virginia and implied consent laws are enforced.

Virginia BAC Calculator

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DUI - Drunk Driving in Virginia

Virginia is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DUI, that driver will be considered a first-time offender. If a driver commits a DUI within ten years of the first DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First Dui - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DUI - drunk driving conviction in Virginia:

• minimum $250 fine
• minimum 5 days in jail if child under the age of 17 in car or BAC between 0.15 and 0.20%
• minimum 10 days in jail if BAC 0.20% or higher
• 1 year drivers license revocation
• if BAC 0.15% or above ignition interlock must be installed upon drivers license re-instatement
• SR22 Insurance requirement

Second DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DUI - drunk driving conviction in Virginia:

• minimum $500 fine
• up to 1 year in jail (minimum 10 days in jail if within 10 years of prior offense, minimum 20 days in jail if within 5 years of prior offence)
• 3 years drivers license revocation
• community service if child under the age of 17 in car
• ignition interlock restriction imposed upon drivers license re-instatement
• SR22 Insurance requirement

Third DUI - Drunk Driving Conviction - Felony

The penalty for a third DUI - drunk driving conviction in Virginia:

• minimum $1,000 fine
• mandatory 90 days in jail (mandatory 6 months in jail if within 5 years of prior offense)
• indefinite drivers license revocation
• permanent vehicle forfeiture
• ignition interlock restriction imposed upon drivers license re-instatement
• SR22 Insurance requirement

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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Virginia and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Virginia

In Virginia, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

FIRST CHEMICAL TEST REFUSAL

• 1 year drivers license suspension
• SR22 Insurance requirement

SECOND Chemical test REFUSAL

• 3 years drivers license suspension
• SR22 Insurance requirement

Third Chemical test REFUSAL

• indefinite drivers license suspension

You could also face time in jail for refusing to submit to a chemical test.

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Virginia SR22 insurance (High Risk DUI SR22 Insurance)

Virginia auto insurance quotes ENTER ZIP CODE:

Virginia SR-22 auto insurance is usually required for a period of 3 years after a DUI - drunk driving conviction and can be very expensive if you go with the wrong provider.  Some insurance companies will not even do an SR22 insurance filing. Get a FREE DUI auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Virginia auto insurance in a matter of minutes.

Minimum liability insurance requirements for private passenger vehicles in the state of Virginia

The minimum mandatory liability insurance coverage required in the state of Virginia for private passenger vehicles is (25/50/20). This equates to the following liability coverage:

• $25,000 bodily injury liability (BIL) per person
• $50,000 for two or more people in one accident
• $20,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

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FREE Case evaluation & consultation by local Virginia DWI / DUI Lawyer / Drunk Driving Attorney

OR

Protect your rights! Talk to a local DUI lawyer Virginia DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Virginia drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Virginia Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Virginia? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Virginia? • Does Virginia have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Virginia laws and procedures ? • When and how can you get your driver’s license reinstated in Virginia? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Virginia criminal defense attorney specialising in Virginia drunk driving laws today.

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Useful Virginia DUI Links:

DUI - Drunk Driving Laws in Virginia

Virginia Drivers Manual

Virginia SR22 Insurance Requirement

Virginia Department of Motor Vehicles (DMV)

Virginia Department of Transportation

Virginia State Courts (Judicial System)

Virginia Department of Insurance

Virginia DUI Lawyers

Virginia DUI discussion forum

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