Virginia DUI Penalties

What are the Penalties for a Virginia DUI?

Any person in violation of DUI laws in the state of Virginia will be subject to harsh penalties with increasing severity based on the blood alcohol level.  In addition to fines, jail time and license suspension, you may face additional penalties including mandatory alcohol education programs and the installation of an ignition interlock device on your vehicle as well as grossly increased insurance costs and potential loss of your employment.

1st Offense:
Class 1 Misdemeanor requiring a maximum 12 months jail time
$250 Minimum fine
12-month license suspension
Immediate license restriction for 7 days

With BAC at .15 - .20:
5 days mandatory minimum jail time
$250 Minimum fine
12-month license suspension with Ignition Interlock installed on your vehicle
Immediate license restriction for 7 days

With BAC at .21+
10 days mandatory minimum jail time
$250 Minimum fine
12-month license suspension and Ignition Interlock installed on your vehicle
Immediate license restriction for 7 days

2nd Offense:
…Within 5 years
Class 1 Misdemeanor requiring 20 days mandatory minimum jail time
$500 minimum fine
3 year license suspension with Ignition Interlock installed on your vehicle
No restricted license for 1st year

Within 10 years
Class 1 Misdemeanor requiring 10 days mandatory minimum jail time
$500 minimum fine
3 year license suspension with Ignition Interlock installed on your vehicle
No restricted license for 4 months

With BAC at .15 - .20:
Class 1 Misdemeanor requiring 10 additional days of jail time on top of 2nd offense minimums
$500 minimum fine
3 year license suspension with Ignition Interlock installed on your vehicle

With BAC at .21+
Class 1 Misdemeanor requiring 20 additional days of jail time on top of 2nd offense minimums
$500 minimum fine
3 year license suspension with Ignition Interlock installed on your vehicle

3rd Offense:
…Within 5 years
Class 6 Felony; 90 days mandatory jail time
$1000 minimum fine
License eligible after 5 years
No restricted license

Within 10 years
Class 6 Felony; 6 months mandatory jail time
$1000 minimum fine
License eligible after 5 years
No restricted license

4th Offense
1 year mandatory jail time with maximum 3 years probation
$1000 minimum fine
License eligible after 5 years
No restricted license

In addition, any person convicted of a DUI violation with a person 17 years of age or younger in the vehicle will be fined an additional $500 - $1,000 and sentenced to a mandatory minimum of five days in jail.

Additional Penalty Information

Drivers’ License Suspension
Any driver with a BAC of .08 or higher, or drivers that refuse to submit to BAC testing, are subject to mandatory suspension of a drivers license. Most states impose harsher penalties for second or third DUI offenses, typically those that occur within five years of a prior DUI offense. In Virginia, a drivers license will the suspended for 7 days for the first DUI offense.

Alcohol Education Programs
When convicted of a DUI offense, the state of Virginia requires that all offenders complete a mandatory Alcohol Safety Action Program as well as assessment for potential alcohol dependency.  In accordance with the State of Virginia all offenders are required to participate in mandatory completion of Alcohol Safety Action Program.

Ignition Interlock
In order to protect you and those around you, the state requires installation of an Ignition Interlock system on your vehicle.  The device measures your blood alcohol level of the driver. If your more than the preset minimum BAC (such as 02 BAC) is detected, the device will prevent the operation of the vehicle.  In most cases, the state will require the DUI offender to incur all costs of the ignition interlock device including the installation, rental and maintenance.  In Virginia, you will be required to install an ignition interlock device if your blood alcohol level is 0.15 or higher when you are arrested for driving under the influence.

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