Virginia DUI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DUI in Virginia
Virginia DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
If you've been charged with DUI in Virginia, the law allows only 7 days for a Virginia DUI Lawyer to make a request with the Virginia DMV (Department of Motor Vehicles) for a hearing to help save your drivers license.
What are the penalties for DUI in Virginia?
The penalties for driving under the influence in Virginia will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
VA DUI Penalties
Virginia is a state with a 10 year 'washout period' also known as a 'look back period'
1st DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DUI offense in Virginia:
- Fine: $250 to $2,500 fine
- License Revocation: 1 year drivers license revocation
- Jail: possible 5 days to 1 year in jail (depending on BAC)
- Ignition Interlock: at least 6 months ignition interlock restriction upon license re-instatement
- ASAP (alcohol safety action program) - screening, education & treatment
- possible impoundment of vehicle
- VA SR22 Insurance (proof of financial responsibility) Requirement
2nd DUI Offense / Conviction - Misdemeanor
The penalty upon conviction of a second DUI offense in Virginia:
- Fine: $500 fine to $2,500 fine
- Jail: 10 days to 1 year jail
- License Revocation: 3 years drivers license revocation
- Ignition Interlock: at least 6 months ignition interlock restriction upon license re-instatement
- ASAP (alcohol safety action program) - screening, education & treatment
- possible impoundment of vehicle
- VA SR22 Insurance (proof of financial responsibility) Requirement
3rd DUI (& subsequent) Offense / Conviction - Felony
The penalty upon conviction of a third (& subsequent) DUI offense in Virginia:
- Fine: $1,000 to $2,500 fine
- Jail: 90 days to 5 years in jail
- License Revocation: indefinite drivers license revocation
- Ignition Interlock: at least 6 months ignition interlock restriction upon license re-instatement
- ASAP (alcohol safety action program) - screening, education & treatment
- possible seizure & forfeiture of vehicle
- possible impoundment of vehicle
- VA SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in Virginia and implied consent laws are enforced.
In Virginia, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
NOTE: If a person refuses a chemical test and is subsequently convicted of DUI, the suspension period for refusal will run consecutively with any DUI suspension imposed.
FIRST CHEMICAL TEST REFUSAL
- License Suspension: 1 year drivers license suspension
- VA SR22 Insurance (proof of financial responsibility) Requirement
SECOND (and subsequent) Chemical test REFUSAL
- License Suspension: 3 years drivers license suspension
- VA SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in Virginia
The maximum legal BAC (blood alcohol content) limits in Virginia for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Virginia it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.02%
In the State of Virginia it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.02% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Virginia it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
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