Virginia DUI Laws
Virginia is tough on drinking and driving. If you have been charged with DUI, you need an aggressive and knowledgeable lawyer on your side. Jail, fines, travel restrictions, high insurance premiums and employment struggles are just some of the obstacles you may face if convicted. A DUI attorney can ensure your rights are not violated and help get a reduction or dismissal of the charges.
When you are arrested for DUI — or for refusing a blood alcohol concentration (BAC) test — your license is automatically suspended for at least seven days and possibly until the trial. The penalties for a first DUI conviction include a fine and one-year license revocation. Additional penalties, including a mandatory minimum jail term, apply to subsequent convictions and cases involving excessive BAC levels. For more information on Virginia DUI, it is best to speak with an attorney.
In Virginia it is a violation per se if your BAC .08 percent or more (.02 percent for a minor and/or driver with a DUI restricted or suspended license). This means that if your BAC was over the legal limit, no further proof of impairment is required. A good defense lawyer will review the arrest record and forensics for evidence of an unlawful search, unreliable data and other factors that can weaken the prosecution's case.
Virginia DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Virginia BAC laws may differ from those of other states, as follows.
| Virginia BAC Laws | |
| Per Se Violation | BAC of .08 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: during time of suspension.
| DUI/DWI Arrest | |
| 1st Offense | 7 days license suspension |
| Subsequent Offenses | 60 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 1 year license suspension |
| Administrative Hearing | Yes |
| Limited Privileges Possible | No |
| Refusal to Submit to BAC Test | |
| 1st Offense | 7 days license suspension |
| Subsequent Offenses | 60 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 7 or 60 days license suspension, depending on prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | BAC .15 to .199 - At least 5 days in jail BAC .20 or higher - At least 10 days in jail Maybe community service |
| Fines, Fees, and Surcharges | Approx. $250 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening; possible education and treatment |
| Second DUI/DWI Offense | |
| License Suspension | 3 years (may have conditional license) |
| Prison Term and Community Service | At least 10 or 20 days (depending on prior convictions and BAC) to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening; possible education and treatment |
| Third DUI/DWI Offense | |
| License Suspension | Indefinite (may have conditional license) |
| Prison Term and Community Service | 90 days or 6 months in jail (depending on prior convictions); maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory alcohol screening; possible education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Virginia Department of Motor Vehicles