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Virginia DUI Penalties

Virginia DUI Penalties

What are the Penalties for a Virginia DUI?

If you are found guilty of a DUI in the state of Virginia you will be subject to harsh penalties with increasing severity based on your blood alcohol level.  In addition to fines, jail time and license suspension, you may face additional penalties, including mandatory alcohol education programs, the installation of an ignition interlock device on your vehicle, increased insurance costs, and the potential loss of your employment.

1st Offense

  • Class 1 Misdemeanor requiring a maximum 12 months jail time
  • $250 minimum fine
  • 12-month license suspension
  • Immediate license restriction for 7 days

With BAC at .15 - .20:

  • 5 days mandatory minimum jail time
  • $250 minimum fine
  • 12-month license suspension with Ignition Interlock installed on your vehicle
    Immediate license restriction for 7 days

With BAC at .21+

  • 10 days mandatory minimum jail time
  • $250 minimum fine
  • 12-month license suspension and Ignition Interlock installed on your vehicle
    Immediate license restriction for 7 days

2nd Offense

2nd Offense within 5 years:

  • Class 1 Misdemeanor with 12 months maximum jail sentence and 20 days mandatory minimum jail time
  • $500 minimum fine
  • 3 year license suspension with Ignition Interlock installed on your vehicle
  • No restricted license for 1st year
  • Immediate license restriction for 60 days

2nd Offense within 10 years:

  • Class 1 Misdemeanor with 12 months maximum jail sentence 10 days mandatory minimum jail time
  • $500 minimum fine
  • 3 year license suspension with Ignition Interlock installed on your vehicle
  • No restricted license for 4 months
  • Immediate license restriction for 60 days

2nd Offense and BAC at .15 - .20:

  • All the penalties of 2nd offense, plus 10 additional days of jail time

2nd Offense and BAC at .21 or above:

  • All the penalties of 2nd offense, plus 20 additional days of jail time

3rd Offense

3rd Offense within 5 years:

  • Class 6 Felony; 6 months mandatory minimum jail time
  • $1000 minimum fine
  • License suspended, max petition for reinstatement after 3/5 years
  • No restricted license

3rd Offense within 10 years:

  • Class 6 Felony; 90 day mandatory minimum jail time
  • $1000 minimum fine
  • License suspended, max petition for reinstatement after 3/5 years
  • No restricted license

4th Offense

  • 1 year mandatory jail time with maximum 3 years probation
  • $1000 minimum fine
  • License suspended
  • No restricted license

Additional Penalty Information

Drivers’ License Suspension after conviction
Any driver convicted of DUI or refusal to submit to BAC testing, are subject to mandatory suspension of a drivers license. Virginia imposes harsher penalties for second or third DUI offenses. In Virginia, a drivers license will be suspended for one year for the first DUI offense, and three years for the second or third offense. A restricted license may be granted by the judge immediately for a first DUI.

Alcohol Education Programs
When convicted of a DUI offense, the state of Virginia requires that all offenders complete a mandatory Alcohol Safety Action Program as well as assessment for potential alcohol dependency.

Ignition Interlock
Except for a DUI 1st with a BAC under .15, you will be required to get an ignition interlock. The device measures your breath alcohol level before and as you are driving. If more than 0.02 BAC is detected, the ignition interlock will prevent the operation of the vehicle.  In most cases, the state will require the DUI offender to pay all costs including the installation, rental and maintenance.

DUI with a minor in the car
In addition, any person convicted of a DUI violation with a person 17 years of age or younger in the vehicle will be fined an additional $500 - $1,000 and sentenced to a mandatory minimum of five days in jail in addition to any other jail time.

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