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September 3, 2024

Facing a DUI charge in Virginia can be overwhelming. The consequences can vary significantly based on the number of offenses, the timeframe between them, and the driver’s blood alcohol concentration (BAC) at the time of the arrest. Here’s a comprehensive guide to help you understand what to expect and how to move forward if you find yourself facing a DUI charge in Virginia.

For a first offense, the penalties include a 7-day administrative license suspension, fines ranging from $250 to $300, and a one-year license revocation. Additionally, offenders may face court-ordered restitution, enrollment in the Alcohol Safety Action Program (ASAP), installation of an ignition interlock device (IID), and the possibility of obtaining a restricted driver’s license. A criminal record will also be a part of the consequences.

We understand how daunting this can feel. Remember, you’re not alone—support is available to help you navigate these challenges and take steps toward recovery and responsibility.

A second offense carries more severe penalties. These include a 60-day administrative license suspension, a minimum $500 fine, and an indefinite license revocation. If the second offense occurs within five years of the first, there is a mandatory jail time of one month to one year. If it happens within five to ten years, the mandatory minimum jail time is ten days. Offenders may also face the same additional penalties as a first offense.

The third offense results in an administrative license suspension until the trial, with a minimum jail time of six months if the offense is within five years, or 90 days if within ten years. The fines increase to a minimum of $1,000, and the license revocation remains indefinite. Like the previous offenses, there are possible additional penalties, including enrollment in ASAP, IID installation, and restricted driving privileges. A third offense is classified as a felony, which means the vehicle is subject to seizure and forfeiture.

For those unfortunates enough to incur a fourth offense, the penalties are even more stringent. The administrative license suspension remains until the trial, accompanied by a $1,000 fine and a minimum jail sentence of one year. The license revocation is indefinite, and offenders face possible enrollment in ASAP, IID installation, and restricted driving privileges. This offense also results in a felony charge, with vehicle seizure and forfeiture.

Drivers with an extremely high BAC face additional penalties. A BAC of at least 0.15% results in an extra five days in jail for the first offense and ten days for the second offense if it occurs within ten years. A BAC higher than 0.20% brings an additional ten days in jail for the first offense and twenty days for the second offense within ten years, along with a $500 fine.

Transporting a minor while under the influence incurs further penalties, including an additional five days in jail and fines ranging from $500 to $1,000. If an individual is charged with involuntary manslaughter due to a DUI, they face up to 20 years in prison, indefinite license revocation, and a felony charge with vehicle seizure and forfeiture.

Commercial drivers in Virginia face their own set of DUI penalties. Operating a commercial vehicle with a BAC of 0.04% or higher, testing positive for drug use, or refusing a blood test can result in fines up to $2,500, up to one year in jail, and CDL disqualification.

Virginia also imposes administrative license suspension for failing or refusing a chemical test. This suspension lasts seven days for the first offense, 60 days or until the trial for the second offense, and until the trial for the third offense. A DUI conviction will add further suspension time.

Refusing a breath test comes with its own penalties. A first offense results in a one-year license suspension, a second offense leads to a three-year suspension and a Class 2 misdemeanor, and a third offense results in a three-year suspension and a Class 1 misdemeanor.

Participation in the Alcohol Safety Action Program (ASAP) is mandatory for all DUI offenders. ASAP provides screening, probationary oversight, and determines the necessary education, intervention, and treatment programs.

Installation of an ignition interlock device (IID) is required for all DUI convictions as part of restricted driving privileges. For a first offense, the IID is required on the primary vehicle. For subsequent offenses, it is required on all vehicles owned, co-owned, or operated by the offender. The IID must remain in place for a minimum of six months without alcohol-related incidents.

Drivers with DUI convictions must file an FR-44 Financial Responsibility Certification and maintain higher insurance coverage levels. Finding affordable rates can be challenging, so shopping around is recommended.

To reinstate a restricted license or full driving privileges, the judge may grant restricted driving privileges at the time of conviction. Commercial drivers are not eligible for restricted privileges.

Reinstating a Virginia driver’s license requires proof of paid fines and fees, financial responsibility filing, completion of ASAP requirements, and passing DMV tests if applicable. For specific reinstatement procedures, visit the Virginia DMV.

About RoadGuard Interlock

RoadGuard Interlock has been serving customers in the United States for over 25 years. If you’re required by law to have an ignition interlock device installed in your vehicle, you’ll want to work with the most trustworthy provider in the ignition interlock industry.

For peace of mind, reliability, and restored independence, RoadGuard Interlock is your best bet. Contact us to find an installation location near you. Finally, read RoadGuard Interlock’s blog for more safe driving or responsible drinking tips and stay in the know!

*Links to any third-party websites herein are provided for your reference and convenience only. RoadGuard Interlock did not create nor develop and does not own any such third-party websites. RoadGuard Interlock does not endorse nor support the content of, nor any opinions stated in any such third-party website links. RoadGuard Interlock is not responsible for the content of any third-party website or its accuracy or reliability. Nothing contained in this article or any such third-party website shall be considered legal advice or be deemed to constitute legal advice. For any legal advice concerning a DUI arrest, charge, conviction, or consequences thereof, you should contact an attorney of your choice.

Sources

https:/medvinlaw.com/virginia-dui-dwi-laws-penalties-first-offense-defense-lawyer-alexandria-fairfax-arlington-va/