Punishments for DUI convictions in Virginia

The state legislature has made Virginia reckless driving laws and Virginia DUI laws are some of the most severe and complex in the nation. The lawyers of the Gordon Law Firm P.C. are experienced Virginia attorneys who serve Fairfax, Loudoun and Prince William Counties with a special focus on reckless driving, DUI and DWI charges.

We offer a free consultation with an experienced traffic and criminal defense attorney for all Reckless Driving, DUI, and criminal court cases.

Penalties for a First Offense Virginia DUI

• A criminal conviction of a Class One misdemeanor
• A jail sentence of up to 12 months, part of which may be suspended by the court

  If the defendant’s BAC (Blood Alcohol Content) is at least .15 but less than .20, a defendant must serve a mandatory minimum sentence of five days. If the BAC is .20 or higher, the defendant must serve a mandatory minimum 10 day jail sentence. The defendant may also face the following penalties:

• A $2500.00 fine or less, with a mandatory minimum fine of $250.00, part of which may be suspended by the court.
• The defendant must complete Virginia Alcohol Safety Action Program (ASAP).
• Suspension of the defendant’s driver’s license for 12 months. If a person has not been convicted of “Refusal to take a Breath or Blood Alcohol Test”, the court has discretion to issue a restricted driver’s license.
• If the BAC was .15 or more, installation of an ignition interlock system is mandated for a minimum of six months on any vehicle registered to, or owned by, the defendant.

Penalties for a Second Offense DUI in Virginia:

• If the new DUI comes within 5 years of the First Offense:

  It is a Class One misdemeanor; and

  a mandatory minimum fine of $500; and

  a jail sentence not less than one month, with a mandatory minimum jail sentence of 20 days;

• If the BAC is greater than .15 but less than .20, an additional 10 days is added to the mandatory minimum sentence; if the BAC is .20 or greater, the additional mandatory jail sentence is 20 days.
• If the new DUI comes within 5 to 10 years:

  It is a Class One misdemeanor; and

  a mandatory minimum fine of $500.00; and

  a jail sentence of not less than one month with a mandatory minimum jail sentence of 10 days;

• If the BAC is greater than .15 but less than .20, the defendant must serve an additional mandatory jail sentence of 10 days and the total mandatory fine is $1000.00; if the BAC is .20 or greater, the defendant must serve an additional mandatory jail sentence of 20 days and the total mandatory fine is $1000.00.
• Driver’s license suspended for three years.
• Restricted license may be obtained after four months, if second offense occurred between 5 and 10 years ago.
• Restricted license may be obtained after 1 year if second offense is within 5 years.
• All restricted licenses require ignition interlock system for a period of time not to exceed the period of license suspension and restriction, but not less than 6 months.

Penalties for a Third Virginia DUI Offense within 10 years:

• A Class Six felony; and

  a prison term of up to 5 years in the penitentiary;

  and up to a $2,500.00 fine.

• If third offense is within 5 years of the other offenses, there is a

  mandatory minimum $1,000.00 fine; and

  mandatory minimum jail sentence of 6 months.

• Mandatory minimum jail sentence of 90 days, if not within 5 years.
• Indefinite license suspension.

Penalties for a Fourth or Subsequent DUI charge within 10 years

• Class Six felony
• A mandatory minimum sentence of 1 year and maximum of 5 years; and
• A mandatory $1,000.00 fine and up to a $2,500.00 fine.

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Virginia Code Section 18.2-266

Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedloxymethamphetamine per liter of blood, A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

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