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Virginia DUI Penalties

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Virginia has tough laws and penalties for driving and drinking.  If you have been arrested for DUI you need to contact an experienced Virginia DUI attorney today to ensure your rights are protected.  Virginia DUI lawyer David Long can help you if you have been charged with Richmond DUI, Chesterfield DUI, Hanover DUI, or Henrico DUI offenses.  Below are the various Virginia DUI penalties if you are convicted of drunk driving in Virginia.

 Conviction for DUI first offense

  • Mandatory, minimum $250 fine.
  • Driver’s license revocation for one year.

Conviction for DUI second offense

  • Mandatory, minimum $500 fine.
  • Driver’s license revocation for three years.
  • Possible jail term up to one year.

Conviction for DUI second offense within ten years of prior offense carries the following additional penalty

  • Mandatory, minimum ten-day jail term

Conviction for DUI second offense within five years of prior offense carries the following additional penalty

  • Mandatory, minimum 20-day jail term.

Three DUI convictions within a ten-year period

  • Mandatory, indefinite driver’s license revocation.
  • If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period.

Conviction for DUI third offense

  • Mandatory, minimum $1,000 fine.
  • Mandatory indefinite driver’s license revocation.
  • Prosecution as a Class 6 felony.

Conviction for DUI third offense within five years carries the following additional penalty

  • Mandatory, minimum six-month jail term.

Conviction for DUI third offense within ten years carries the following additional penalty

  • Mandatory, minimum 90-day jail term.
  • Permanent forfeiture of your vehicle (if you are the sole owner).

Conviction for DUI fourth or subsequent offense

  • Mandatory, minimum one-year jail term.

BAC of 0.15% and not higher than 0.20% at the time of arrest

  • First offense carries a mandatory, minimum five-day jail term in addition to all other penalties.
  • Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties.

BAC of 0.20% or higher at the time of arrest

  • First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties.
  • Second offense within ten years carries a mandatory, minimum 20-day jail term in addition to all other penalties.

Minor in Possession of Alcohol in Virginia

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Penalties for Providing Alcoholic Beverages to Persons Under Age 21

If you provide or sell alcoholic beverages to a person under age 21, intoxicated or ordered by a court to refrain from consuming alcohol, you are subject to a fine up to $2,500, 12 months in jail and mandatory suspension of your driver’s license for up to one year.  These same penalties apply if you assist someone under age 21 in obtaining or purchasing alcohol.

Penalties for Persons Under Age 21 Purchasing, Possessing or Consuming Alcohol

If you’re under age 21 and you purchase, possess and/or consume alcohol, you face a fine ranging from $500 to $2,500, up to 12 months in jail and mandatory suspension of your driver’s license for at least six months but not more than one year.

Penalties for Possessing Alcoholic Beverages at Public Schools

Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1,000 and up to six months in jail regardless of your age.

Misrepresentation of Age

If you are under age 21 and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to consume or purchase alcoholic beverages, you will:

  • Be fined at least $500 or, be required to perform at least 50 hours of community service.
  • Face up to 12 months in jail.
  • Face mandatory suspension of your drivers’s license for at least six months but not more than one year.

Equal Penalties for Under Age 21

Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.

Consequences of DUI in Virginia

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Ignition Interlock Device

If you are convicted of a DUI first offense, the court will require that you have an ignition interlock device installed on the vehicle that you primarily operate as a condition of restricted driving privileges.
If you are convicted of the following:

  • Convicted of a DUI second offense within ten years.
  • Convicted of a DUI third or subsequent offense within ten years the court will require that you have an ignition interlock device installed on every vehicle you own, co-own or operate as a condition of restricted driving privileges or full restoration of driving privileges:

In the following cases:

  • Convicted of a DUI second offense within ten years.
  • Convicted of a DUI third or subsequent offense within ten years
  • Convicted of three separate DUI offenses within ten years

DMV will require you to have an ignition interlock device installed as a condition of restricted driving privileges or full restoration of driving privileges, even if the court does not require it.  Convictions for a first offense violation of the ignition interlock restriction or other restricted license provisions will result in a DMV revocation of your driving privilege for one year.  Two or more convictions of violating restricted privileges will result
in a three-year revocation.  Restricted privileges will not be available during these revocation periods.

Vehicle Impoundment

The vehicle you are driving will be immediately impounded or immobilized for 90 days if you are caught driving after your license has been suspended for an alcohol-related offense.  The court can impound the vehicle for an additional 90 days following conviction.  The owner of the vehicle impounded (other than the driver) may petition the court for release of the vehicle.  Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

Administrative License Suspension (ALS)

For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for seven days if your BAC is 0.08 percent or higher.  For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, which ever comes first.  For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial.  Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.

Restitution

Depending on local ordinances, you may be liable (for up to $1,000) for the cost of law enforcement, emergency medical services, fire fighting and rescue personnel who respond to a crash or incident resulting from your DUI violation.