Virginia Dui Penalties

When it comes to a DUI charge in the Commonwealth of Virginia there many factors that can change the punishment for a person convicted of a Virginia DUI / DWI. Virginia drunk driving laws use a tiered system of penalties, with heftier fines and longer license suspensions and jail time for repeat offenders. Whether or not a serious or fatal accident was involved can also significantly influence the penalties for a DUI / DWI conviction.

In Virginia, judges will often consider the accused’s prior driving record, whether there was an accident, plus other considerations in each case. However, there are minimum punishments which often apply. The minimum punishment for a Virginia DUI depends on how high their Blood Alcohol Content (BAC) is and whether the person has prior DUIs. A Virginia DUI arrest or conviction may also result in time away from work, or even job loss. A conviction on your record can also make it more difficult to obtain future employment so treat a DUI arrest seriously.

Virginia DUI / DWI 1st, BAC .14 or below

In these cases, there is no required active jail time. It is not unusual to get all suspended jail time, a fine of about $300 and a 12 month loss of license. Individuals in this category will often be allowed to get a Restricted license to drive to work and for other essential travel, but not for any social purposes.

Virginia DUI / DWI 1st, BAC .15-.20

Defendants convicted of their 1st DWI with a BAC between .15-20 face a mandatory 5 days in jail. Additionally, there is likely to be additional suspended jail time, a fine, and a 12 month loss of license. A restricted license may be granted, but typically the defendant will be required to be approved by the ASAP program. The DMV will also require an ignition interlock.

Virginia DUI / DWI 1st, BAC above .20

Defendants in this category face a mandatory 10 days in jail. They will also face a fine and a 12 month loss of license. Completion of the ASAP program is also required. If a restricted license is granted, the DMV will require the defendant’s vehicle be equipped with ignition interlock.

Virginia DUI / DWI, 2nd in 10 years BAC below .15

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense. They will also face a mandatory $500 fine. A conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .15-.20

Defendants in this category face a mandatory 10 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 20 days.  Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 10 years, BAC .21 or higher

Mandatory 10 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program.

Virginia DUI / DWI 2nd in 5 years, BAC below .15

Mandatory 20 days in jail based upon it being their second offense. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .15-.20

Mandatory 20 days in jail based upon it being their second offense and another 10 days based on the elevated BAC for a total minimum of 30 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 2nd in 5 years, BAC .21 or higher

Defendants in this category face a mandatory 20 days in jail based upon it being their second offense and another 20 days based on the elevated BAC for a total minimum of 40 days. Mandatory $500 fine. Additionally, a conviction will result in a 3 year loss of license and a requirement to complete the ASAP program. If a restricted license is approved ignition interlock will be required.

Virginia DUI / DWI 3rd or Subsequent

Any individual convicted of 3 or more DWIs in 10 years or less faces a felony conviction. Even relative to misdemeanor punishments, these cases have factors that cause tremendous differences in the outcome of the case. A DWI 3rd in 10 years faces a minimum of 90 days in jail. A DWI 3rd in 5 years faces a minimum of 6 months in jail. A 4th DWI faces a minimum of one year in jail.

Every case is unique and has a number of factors that may impact the outcome of the case. The Virginia DUI Lawyers at The Law Firm of Faraji Rosenthall understand the true cost of a Virginia DUI conviction can have very little to do with the punishment handed down by a judge. Typically, a first-time offender could face several days in jail, $1,000 in fines and court costs, community service, alcohol assessment classes, and license suspension.