Virginia DUI Laws

In the state of Virginia, driving under the influence with a child or driving while under the influence at levels higher than the minimum will cost you your freedom and your driving privileges. Mandatory jail sentences exist in both cases as well as hefty fines. Underage drinking will not be tolerated as well. As of March 27, 2008, underage drinking is a Class 1 misdemeanor. Penalties for this charge include but are not limited to community service, fines, and license suspension for one year.

What is the blood alcohol content level (BAC) limit in the state of Virginia?

In the state of Virginia, it is a crime to operate a motor vehicle with a blood alcohol content level (BAC) of 0.08% or higher. Sentence enhancements exist for cases involving a BAC of 0.15% or higher.

In the state of Virginia what is the administrative license suspension period for a first offense?

In the state of Virginia, if you get arrested for DUI, the administrative license suspension time for a first offense is 7 days. Under administrative license suspension, the drivers’ license will be taken before conviction when he either fails or refuses to be tested for alcohol or drugs. During the 7-day revocation period, the driver may not obtain a limited license.

In the state of Virginia, what are the penalties for a first DUI offense? Second offense?

In the state of Virginia, first DUI convictions carry a minimum $250 fine and automatic drivers license suspension for 1 year. If your BAC is between 0.15% and 0.20% you will spend a mandatory 5 days in jail. Anything over 0.20% will result in an automatic 10 days in jail, no exceptions. If a child under the age of 17 is in the car during the arrest, you will spend a mandatory 5 days in jail and you will have to pay anywhere from $500-$1,000, on top of the initial minimum $250 fine.

Second DUI convictions in the state of Virginia carry a minimum $500 fine; a mandatory 10-day jail term up to a possible 12-month jail term, and your license will be suspended for 36 months. These penalties apply if the second offense was committed within 10 years of the first. If the second offense occurs within 5 years of the first, you will go to jail for a mandatory minimum of 20 days. Second offenses involving a child under 17, will result in license suspension, fines, and mandatory jail time as determined by the courts. You will also have to install an interlock device on your vehicle at your own expense and you will have to do at least 80 hours of community service. Third drunk driving convictions in the state of Virginia are considered a felony. If your third conviction occurs within 5 years of the first, you will spend at least 6 months in jail—no less, and you could lose your vehicle permanently.