Virginia DUI State Law

Virginia DUI laws are very specific. If you are charged with a DUI in the state, this triggers a mandatory 7 day driver's license suspension! This gives you very little time to fight these charges. If you are facing DUI charges, it is critical to work with a Virginia DUI lawyer to fight them.

Virginia DUI Laws on Blood Alcohol Concentration

Under Virginia DUI laws, you a police officer determines you are driving under the influence, they will charge you with DUI on the spot. They make come to this determination because of your poor driving pattern, a failed field sobriety test or even better you are exhibiting behavior consistent with someone under the influence.

In virtually all situations, you will be required to take a chemical test to determine your blood alcohol concentration (BAC.) If your blood alcohol concentration is at or above .08 percent, you will be charged with DUI. If your BAC is at .15 percent or higher, you will be required to have an ignition interlock device installed on your vehicle. If your BAC is .2 per higher, this will result in a mandatory 10 day prison term.

Implied Consent in Virginia

Under Virginia implied consent, if a police officer request a chemical test to determine your BAC level, you need to give it. By driving on the state's roadways, you are giving implied consent that you will provide a chemical test.

If you refuse a chemical consent, this triggers a charge of failing to do so. It is separate from your DUI charge. It can result in a driver's license suspension and further punishment dependent on past refusals.

1st DUI Offense

If this is your first offense of DUI laws, you will likely face the following Virginia DUI penalties:

• Fine of $250
• Driver's license suspension for 1 year
• If you were driving with a child under 17, a minimum of 5 days in jail is required and pay $500 to $1000 in fines
• Charged with a misdemeanor

2nd DUI Offense

Virginia has a 10 year look back period. This means that if you have had a previous conviction in the last 10 years, you will face second offense penalties including:

• Mandatory fine of $500
• License revocation for 3 years
• 1 year in jail likely
• A mandatory 10 days in jail may not be waved
• If you were driving with a child under 17, a minimum of 20 days in jail is required and do 80 hours of community service, plus fines
• Ignition interlock device is required
• Charged with a misdemeanor
  

3rd DUI Offense

A third offense in 10 years, warrants these penalties:

• Charged with a felony
• Mandatory indefinite driver's license revocation
• Mandatory fine of $1000
• All vehicles you own and co own will be required to have an ignition interlock device installed
• If this is a third offense in 5 years, you will face a mandatory 6 months in jail

Hire a Virginia DUI Lawyer

As you can see, DUI charges in Virginia are harsh. The best way to fight them is by working with a specialized Virginia DUI Lawyer. They may be able to have the charges reduced or sometimes dropped on your behalf, but you have to call them soon.

• If you have been charged with a DUI in Virginia, Submit Your Case for a Free Review from a skilled DUI Attorney.

Contact Virginia Drunk Driving Attorneys

Contact our Attorneys to get more information about Drunk Driving in Virginia: