DUI in Virginia

DUI in Virginia can cause two different kinds of charges to be filed against you. First, it can cause a criminal case to be brought against you. If you are convicted, you can lose your license and also face jail time, fines, and mandatory alcohol education classes. The other charge can cause you to lose your license for an immediate seven day suspension. Even if you are driving in a state other than your home state you can be convicted under Virginia law.

How conviction occurs?

DUI in Virginia will cause you to be convicted by obtaining proof that you were driving an automobile while under the influence of alcohol, drugs, or a combination of the two. The other reason that you may be convicted is by violating the state of Virginia's ‘per se laws.' This means that you were driving with a blood alcohol level that exceeded .08 per cent. In order for you to be prosecuted under this law, you will be given a breathalyzer test or a blood test.

Punishment for DUI in Virginia

Court Fines Potential Jail Time License Suspension
1st Conviction $250 Minimum
Min. 5 Days
1 Year
2nd Conviction $500 Minimum
Up to 1 year 3 Years
3rd Conviction $1,000 Minimum
90 days - 3 Years

First of all, driving under the influence is classified as a Class 1 misdemeanor in the state of Virginia. For your first offense, you may face the maximum punishment of a fine of $2,500, one year in prison and the loss of your license for an entire year. In addition to this, you should know that you will be required by law to lose your license for a year, regardless of your punishment. For repeated offences, you may lose your license for up to three years at a time. The judge has no ability to let you off the hook when it comes to this. In addition to the above, you will also have to enroll in the Virginia Alcohol Safety Action Program.

Sentencing based on prior convictions

If you have been given a DUI in Virginia before, then it can greatly effect how you are sentenced. In fact, there are cases that will actually give you mandatory jail time if you have been convicted of a DUI before. For this reason, it is very important that you not drive drunk, especially if you've been convicted of it before. Each time you are convicted raises the chances of your being given jail time. For example, in Virginia if you are convicted of a DUI for a second time in the same year, you will be given 10 day jail sentence.

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