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Virginia DUI Laws


Virginia DUI Laws, over time have been modified and changed to intensify the state’s campaign to discourage drunk driving. DUI laws have explicitly stated that there are two instances where you are subject to a DUI arrest.

A blood alcohol content of 0.08% or more for all drivers, 0.02% or more for all minors under 21, and 0.04% or more for commercial vehicle drivers can be cause for arrest.

Furthermore, if you are intoxicated with alcohol and/or drugs that causes you to be impaired, then you can be arrested based on your driving pattern, physical appearance, and your performance in the field sobriety tests. It is up to the arresting officer to make that decision.

You will face two charges when you are arrested. Aside from this, your driver’s license will be automatically suspended for a 7-day period once you are arrested. You have to present your case to a criminal court and to the Department of Motor Vehicle. The judge will give you the adequate punishment and sanctions for your offense. The Department of Motor Vehicle case will determine the license suspension duration. To present your case and protect your driving rights in the DMV case, you have to hire a DUI defense lawyer to help you file a hearing request.

If you are found guilty of a DUI offense, you can face a number of sanctions like jail time, penalties, fines, and other possible punishments. Here is a list of the offense and its corresponding sanctions:

1. First DUI conviction – jail time of 5 days minimum for drivers with BAC of 0.15% to 0.20% and those with passengers under 18, 10 days minimum if BAC is above 0.20%, $250 minimum fine, and license suspension of 1 year;
2. Second DUI conviction – jail time of 20 days minimum to 1 year if previous offense is less than 5 years, 10 days if within 5 to 10 years, additional 5 days minimum for those with passengers under 18, $500 minimum fine, another $50 for the Trauma Center Fund, and license suspension of 3 years; and
3. Third DUI conviction – jail time of 6 months minimum if previous offense is within 5 years, 90 days minimum if the previous offense is within 10 years, $1,000 minimum fine, an additional $50 for the Trauma Center Fund, and an indefinite suspension of your license with possibility to file a court petition after 5 years.

Virginia DUI Laws are complex, the penalties and functions explained are just the basic ones. To explain further about DUI laws, contact your DUI lawyer.