Virginia DUI Penalties First Offense
What Happens To First Time Offenders in Virginia?
A Virginia DUI is a class 1 misdemeanor. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines.
Virginia requires entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant's drivers license upon conviction for a first time offense.
You are presumed to intoxicated if you have a BAC (blood alcohol content) of .08 or above. If you are charged with a Virginia DUI, your driver's license will be suspended for seven days immediately after arrest. This seven day suspension is separate from the one year license revocation you will receive if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.
High BAC:
First time offenders convicted of a Virginia DUI with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail. Please note, in Virginia a defendant is required to serve half of any jail sentenced imposed on a misdemeanor (ex. a 30 day sentence would require an actual sentence of 15 days.) However, a mandatory minimum sentence, as stated above, require the defendant to serve the entire sentence, thus, 10 days would mean 10 days.
Restricted License:
If you are convicted of a Virginia DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:
- Driving to and from VASAP (Alcohol Safety Action Program)
- Driving to and from work
- Driving during work hours with proper agendas
- Driving to and from school
- Driving to and from medical treatment
Some judges in northern Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.
Implied Consent:
If you operate a motor vehicle on Virginia's public roads, you impliedly consent to have a sample of your blood or breath tested for alcohol content upon lawful request. You are required to take the test. If you unreasonable refuse to take the test, your license will be immediately suspended for seven days and it may be suspended for one year, without the possibility of a restricted license, whether or not you are convicted of driving under the influence. If you are convicted of the Virginia DUI, the suspension period for refusing the test will be added to the DUI license suspension period.
Driver Under the Age of 21:
If you are under age 21 and you drive with a BAC of at least 0.02 percent but less than 0.08 percent, you can be fined up to $500 and have your driver's license suspended for six months.
· If your BAC is over .08, your penalties will be the same as a driver over 21.
Commercial Vehicle Operators:
You will receive a one-year disqualification for driving a commercial motor vehicle with a blood alcohol content (BAC) of 0.04 or higher. The disqualification becomes three years if you were transporting hazardous materials at the time.
You will also receive a one year disqualification if you refuse a blood or breath test.
Alcohol Safety Action Program:
This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse. You will be placed on probation by the court and given a restricted license and ordered to report to the local ASAP office to sign up for the class. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court.
To find an ASAP program near you go to:
http://www.vasap.state.va.us/asap/
Vehicle Impoundment:
Your vehicle will be immediately impounded for 30 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 if you are convicted.
Insurance Rates:
If you are convicted of a Virginia DUI you will be required to file an SR-22 (high risk insurance). Your insurance rates will rise considerably from any DUI conviction or guilty plea. You may lose your current insurance company and only find insurance with a company that offers less coverage for more money.
Accident, Injury or Death from DUI:
Virginia DUI convictions that involve accident, injury or death carry considerably greater penalties. For example, a criminally negligent homicide while DUI can lead to 1-10 years in prison, a minimum $5,000 fine, and revocation of driver's license.
As you can see, being convicted of a Virginia DUI is very serious, with potentially devastating consequences. This is why you need the help of an experienced and aggressive Virginia DUI attorney.
Please contact me on any criminal matter at: (703) 330-3200 or fill out our contact form >>
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