Virginia Driving Under the Influence Law
In common with many other States, a DUI arrest in Virginia will lead to two cases being brought against the defendant, a criminal case and a Department of Motor Vehicles case. If you have been arrested for DUI in Virginia, you will face an immediate 7 day suspension of your license. Therefore it is essential that you contact a Virginia DUI lawyer as soon as possible.
Charges for DUI in Virginia can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08%, with enhancements for those registering a BAC of 0.15% or higher, or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations.
Under Virginia's doctrine of implied consent, refusal to submit a test of blood or breath will lead to further punishments being levied against you. Also note that all people conviction of Driving Under the Influence must attend the Virginia Alcohol Safety Action Program.
| Conviction | Punishment |
| First | Maximum fine $2500, maximum 1 year jail term, suspension of license for 1 year. Possible ignition interlock device, possible impounding of vehicle. If BAC is greater than 0.2%, mandatory jail term of 5 days, greater than 0.25 10 days. |
| Second | Fine of between $200 and $2500, if within five years of first conviction minimum 5 days incarceration, ignition interlock required, possible impounding of vehicle, 1 year revocation of license if within 5 years of first conviction, 4 months if between 6 and 10 years. If BAC exceeds 0.2% an additional 10 days in jail, over 0.25% 20 extra days. |
| Third | 3 year revocation of license, maximum fine of $2500. 30 days minimum jail term if within 5 years of first conviction, 10 days if between 6 and 10 years. Ignition interlock required, possible impounding of vehicle |
| Fourth | 3 year revocation of license, maximum fine of $2500. 1 year minimum jail term. Ignition interlock required, possible impounding of vehicle |
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