VIRGINIA DUI

Blood Alcohol Level (BAC) for Driving Under the Influence (DUI) in Virginia:

• Standard BAC: .08% or above
• Zero Tolerance BAC: .02% or above
• Commercial Drivers: .04% or above
• High BAC: .20% or above

Implied Consent and Chemical Test Refusal: Virginia has an Implied Consent Law which allows a Virginia police officer to test your blood, urine, or breath to determine your BAC if the officer has probable cause to believe that you are operating your vehicle under the influence of alcohol. If you decide not to take the test, you face three years license suspension if you are later convicted of driving under the influence. Regardless of whether you are convicted, your license will immediately be suspended for seven days and can be suspended for up to one year just for refusing the test.

DUI Arrest - Civil Case

Potential Penalties:

• License Suspension:
• First DUI Conviction: 1 year. Also, complete an Alcohol Safety Action Program.
• Second DUI Conviction: 3 years. You must also complete an Alcohol Safety Action Program.

• Monetary Fines:
• First DUI Conviction: Minimum of $250, plus $500-$1,000 if there was someone under 18 in the car with you when you were arrested for DUI.
• Second DUI Conviction: $500 minimum plus an additional $500-$1,000 if a passenger under age 18 was in your vehicle. You must also pay a $50 Trauma Center Fund fee.

• Community Service: A Virginia court may order a DUI offender to complete community service as punishment for his or her DUI. For example, underage drivers convicted of DUI must complete community service.

• Probation: Yes. If you are granted probation your will be forced to complete an Alcohol Safety Action Program.

• Motor Vehicle Impoundment: Yes, your car will be automatically impounded for 30 days if you were caught driving on a suspended license.

• Ignition Interlock: Installation of an ignition interlock device is necessary in Virginia after your first DUI offense if your BAC was .15% or more, and after your license has been reinstated following your second offense.

• Prison Time:
• First DUI: Minimum of 5 days if you have someone under age 18 in the car with you or if your BAC was .15-.20% or above. You must serve 10 days in prison if your BAC is above .20%.
• Second DUI: From a minimum of 20 days to a maximum of 1 year.

Potential Criminal Consequences of DUI: Your first drunk driving conviction in Virginia is a Class One misdemeanor. You will be charged with a misdemeanor for your second DUI as well. For your third DUI, you may be prosecuted for a Class Six felony. If you have been charged criminally for DUI in Virginia, you should bly consider hiring a Virginia criminal lawyer to defend you in court and make the process less stressful.

Reinstating Your License After DUI Conviction: The Commonwealth of Virginia requires that you show proof of enrollment or completion of the Virginia Alcohol Safety Program (VASAP), pay reinstatement fees of between $40 and $220, complete an intervention interview with VASAP, provide the DMV with liability insurance information, and pay licensing fees. You must also show that you have paid all court fines and that you have attended a driver improvement clinic.

Effect of DUI on Car Insurance: Virginia insists that if you are convicted of a DUI you must have liability insurance. Request that your insurance company file an SR-22 proof of insurance form with the Virginia Department of Motor Vehicles (DMV) for three years as a demonstration of financial responsibility. Your liability insurance costs will become very costly after you have been convicted of a DUI.

Effect of DUI on Driving Record: A DUI conviction remains on your Virginia driver's license for 11 years.

Under 21 and DUI: Virginia has a strict Zero Tolerance law which states that if you are under 21 with a BAC of .02% or higher, and are operating a motor vehicle, you can be charged with a Class One misdemeanor. You will also have to turn over your driver's license for a year after conviction, pay a fine, or perform community service.

Virginia Resources

Virginia Department of Motor Vehicles
http://www.dmv.state.va.us/

Virginia DUI Statute
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-266

Drive Safe Virginia
http://www.smartsafeandsober.org/