Virginia DUI Laws – 1st Offense
First offense results in a driver’s license suspension of 1 year and fines of $250 minimum ($500-$1000 with child under 18 in vehicle) and an Alcohol Safety Action Program. 5 days minimum jail term if child under 18 in vehicle. 5 day jail term if BAC .15%-.20%. 10 day jail term if BAC greater than .20%. An Ignition Interlock device is required with BAC greater than .15%.
Virginia DUI Laws – 2nd Offense
Second offense results in a driver’s license suspension of 3 years and fines of $500 minimum (plus $500-$1000 additional with child under 18 in vehicle), $50 Trauma Center fee, and an Alcohol Safety Action Program. If second offense was less than 5 years from first, jail term is 20 days to 1 year. Add 5 days minimum to jail term if child under 18 in vehicle. If second offense was within 5-10 years of previous, jail term is 10 days to 1 month. Add 5 days minimum to jail term if child under 18 in vehicle. Add 10 days to jail term if BAC is between .15%-.20%. Add 20 days to jail term if BAC greater than .20%. An Ignition Interlock device is required.
Virginia DUI Laws – 3rd Offense
Third offense results in an indefinite driver’s license suspension (offender may petition court after 5 years) and fines of $1,000 minimum, $50 Trauma Center fee, and an Alcohol Safety Action Program. If third offense was less than 5 years from previous, jail term is 6 months minimum. Add 5 days minimum to jail term if child under 18 in vehicle. If second offense was within 5-10 years of previous, jail term is 90 days minimum. Add 5 days minimum to jail term if child under 18 in vehicle. An Ignition Interlock device is required upon license reinstatement.
Virginia DUI Laws – Implied Consent Laws
Anyone driving a vehicle in Virginia has given implied consent to submit to a BAC test. First refusal results in a minimum 1 year license suspension. Second refusal results in a 3 year suspension, and a possible 6 months in jail plus $1,000 fine. Third refusal results in a 3 year suspension, plus a possible 1 year jail term and $2,500 in fines.
Virginia DUI Laws – “Per se” BAC Level
The per se BAC level in Virginia is .08% meaning anyone driving a vehicle with a BAC of .o8% or over can be charged with dui regardless of driving performance.
Virginia DUI Laws – “Zero Tolerance” BAC Level
The zero tolerance BAC level in Virginia is .o2%. Anyone under the age of 21 driving with a BAC of .02% or greater can be charged with DUI.
Virginia DUI Laws – “Enhanced Penalty” BAC Level
There are enhanced penalties in Virginia for a BAC greater than .15%, and having a passenger under 18 in the car at time of offense.
