WHAT IS THE PUNISHMENT FOR DUI IN VIRGINIA?

As per the state of Virginia legislation, the first DUI offense is a class 1 misdemeanor. The fine imposed for such an offense is from $250 to $2,500. Moreover, the license of the individual also gets suspended for one year. The punishment may increase if the person has BAC limit of 0.15% or more and is sentenced for a minimum five days jail time.

ADMINISTRATIVE PENALTIES

The first DUI offense in VA leads to the suspension of Administrative license for a year and is only reinstated if the individuals complete a mandatory alcohol safety and education program. In case the driver was caught and arrested with a BAC limit of over 0.15 percentage, they must undergo ignition interlock device once their driver’s licenses are reinstated.

CRIMINAL PENALTIES

There is no mandatory minimum period of imprisonment for the first time offenders in case of DUI. However, there are exceptions which include:

  • The driver had a minor passenger in the vehicle
  • The driver’s BAC limit exceeds 0.15 percentage
  • The driver’s BAC limit exceeds 0.20 percentage

First offense convictions carry no mandatory minimum period of incarceration for offenders, except if the offender had a minor passenger in the vehicle (mandatory incarceration of five days), if the driver had a BAC in excess of .15 (mandatory minimum incarceration of five days), or the driver had a BAC in excess of .20 (mandatory minimum incarceration of ten days).

DUI PENALTIES: YOUNGER THAN 21

If you’re younger than 21 years old and purchase, possess or consume alcohol (to the point of a 0.02% BAC), you would face the following consequences:

  • License suspension for up to 1 year from your conviction date.
  • Minimum $500 fine, or minimum 50 hours of community service.
  • Possible Alcohol Safety Action Program.
  • Possible restricted driver’s license

DUI PENALTIES: 21 AND OLDER

Virginia DUI penalties for drivers 21 years or older vary depending on the offense,the number of times period, and higher BACs.

OFFENSE NUMBERS

First Offense

  • Administrative license suspension for 7 days.
  • Minimum $250 fine; maximum $300 fine. (These fines may be directly related to eligibility for the Alcohol Safety Action Program.)
  • License revocation for 1 year.
  • Any court-ordered restitution.
  • Possible Alcohol Safety Action Program (ASAP).
  • Possible ignition interlock device.
  • Possible restricted driver’s license.
  • Criminal record.

Second Offense

  • Administrative license suspension for 60 days.
  • Minimum $500 fine.
  • Indefinite license revocation.
  • If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail.
  • If within 5 years to 10 years of the first offense, a mandatory minimum 10 days in jail.
  • Any court-ordered restitution.
  • Possible ignition interlock device.
  • Possible restricted driver’s license.
  • Criminal record.

Third Offense

  • Administrative license suspension until your trial.
  • If within 5 years, 6 months in jail.
  • If within 10 years, 90 days in jail.
  • Indefinite license revocation.
  • Minimum $1,000 fine.
  • Any court-ordered restitution.
  • Possible Alcohol Safety Action Program (ASAP).
  • Possible ignition interlock device.
  • Possible restricted driver’s license.
  • The felony charge, which means your vehicle is subject to seizure and forfeiture.

Fourth Offense

  • Administrative license suspension until your trial.
  • $1,000 fine.
  • Any court-ordered restitution.
  • License revocation for an indefinite time period.
  • Minimum of 1 year in jail.
  • Possible Alcohol Safety Action Program (ASAP).
  • Possible ignition interlock device.
  • Possible restricted driver’s license.
  • The felony charge, which means your vehicle is subject to seizure and forfeiture.

EXTREMELY HIGH BAC

These penalties are in addition to the penalties outlined above.

BAC of At Least 0.15%

  • First offense: Additional 5 days in jail.
  • Second offense: Additional 10 days in jail (if within 10 years of the first offense).

BAC Higher than 0.20%

  • First offense: 10 days in jail.
  • Second offense: 20 days in jail (if within 10 years of the first offense) and a $500 fine.