What to Expect After Your Third DUI Conviction in Virginia

August 12, 2016 by Jean Humbrecht

A conviction for a DUI in Virginia has serious, and mandatory, penalties.  This post specifically focuses on the penalties for a DUI Virginia first offense charge.

Penalties for DUI Virginia First Offense
A conviction for a DUI Virginia first offense includes mandatory minimum jail time, fines, court costs, driver’s license revocation, mandatory enrollment in the Virginia Alcohol Safety Action Program (ASAP), and ignition interlock installation.  Additionally, the Virginia DMV will add demerit points to the offender’s Virginia driver’s license if convicted of a DUI in Virginia.

  • DUI Virginia first offenseJail-A Virginia DUI first offense is a Class 1 misdemeanor.  It is punished by up to 12 months in jail. There is no mandatory minimum jail time for a first offense DUI in Virginia.  However, there are aggravating factors that will result in MANDATORY MINIMUM active jail time if convicted of a DUI Virginia first offense, including high Blood Alcohol Content (BAC).  If the driver’s BAC is above .15, he will serve a mandatory minimum of 5 days in jail.  If his BAC is over .20, he will serve a mandatory minimum of 10 days.  A driver will also serve mandatory minimum 5 days in jail if there was a minor under 17 in the car while he was driving.
  • Fines-If convicted of a Virginia DUI first offense, the driver will be fined between $250-$2500. Driver’s convicted of a DUI Virginia first offense will usually have some suspended fine in addition to the mandatory minimum fine of $250.  A driver will also be fined between $500 and $1000 if there was a minor under 17 present in the car.  $500 is a mandatory MINIMUM fine.
  • Court Costs-Anyone convicted of a first offense DUI in Virginia will have to pay court costs.  Failure to pay these will lead to driver’s license suspension.
  • Driver’s License Suspension/Revocation-A driver’s license will be automatically suspended for 7 days upon an arrest for DUI with a BAC higher than .08 or if the driver refused to take a breathalyzer test.  This is called an administrative suspension.  Administrative suspensions are explained in more detail in Va. Code §46.2-391.2.  Upon conviction of a first offense Virginia DUI, a Virginia driver’s license will be revoked for one year pursuant to Va. Code §18.2-271.A.  The driver can apply for a restricted license which allows him to driver to a limited number of places.
  • Virginia ASAP-A driver convicted of a Virginia DUI first offense is required to complete the Virginia Alcohol Safety Action Program (ASAP.)  ASAP requires weekly classes, payment of fees, and random drug and alcohol testing.
  • Ignition Interlock-An Ignition Interlock system must be installed on any car registered in the driver’s name.  It is a breathalyzer that prevents the vehicle’s engine from starting if it detects a BAC higher than .02.  It also requires the driver to blow into the interlock after certain periods of time in order to keep the engine running.  A driver cannot get a restricted license until he installs the ignition interlock on his car.  For more information on Ignition Interlock requirements in Virginia, click here.
  • DMV Points-The DMV will add 6 demerit points to the offender’s Virginia driving record if convicted of a Virginia DUI.
  • DMV Record-The conviction will remain on the drivers Virginia driving record for 11 years.
  • Criminal Record-A first offense Virginia DUI is a Class 1 misdemeanor.  Therefore, a conviction will remain on the drivers permanent criminal record.

Refusal to Submit to a Breathalyzer in Virginia 
A conviction for refusal to take a breathalyzer test is a civil penalty under Va. Code §18.2-268.3.  The driver’s license will be suspended for 12 months.  A second refusal in 10 years is a crime.  It is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $1000.  A third refusal in 10 years is a Class 1 misdemeanor.  It is punished with up to 12 months in jail, a fine up to $2500, or both.  The driver’s license will also be suspended for three years for any criminal refusal conviction.  A restricted license is NOT available to anyone convicted of breathalyzer refusal in Virginia.

The jail time, fines, and driver’s license suspension for the refusal conviction are all IN ADDITION TO any penalties imposed for the DUI itself.

MINIMUM AND MAXIMUM PENALTIES FOR DUI VIRGINIA FIRST OFFENSE

DUI Virginia First Offense

  • MINIMUM
    • no minimum jail time
    • $250 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months jail
    • $2500 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV Points: 6
    • (1) criminal conviction

DUI Virginia First Offense, Transporting Minor

  • MINIMUM
    • 5 days jail
    • $750 fine and court costs
    • driver’s license revocation: 12 months (restricted license available
    • )ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months in jail
    • $2500 fine and court costs
    • driver’s license suspension: 12 months 1 (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, BAC .15-.20

  • MINIMUM
    • 5 days jail
    • $250 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months jail
    • $2500 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, BAC .15-.20, Transporting Minor

  • MINIMUM
    • 10 days jail (5 days for BAC level, 5 days for transporting minor)
    • $750 fine ($250 from DUI, $500 from transporting minor) and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months in jail
    • $2500 fine and court costs
    • driver’s license suspension: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, BAC greater than .20

  • MINIMUM
    • 10 days jail
    • $250 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM 
    • 12 months jail
    • $2500 fine and court costs
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, BAC greater than .20, Transporting Minor

  • MINIMUM
    • 15 days jail (10 from BAC level, 5 from transporting minor)
    • $750 fine (court costs)
    • driver’s license revocation: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months in jail
    • $2500 fine and court costs
    • driver’s license suspension: 12 months (restricted license available)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, 1st Breath Test Refusal

  • MINIMUM
    • no minimum jail time
    • $250 fine and court costs
    • driver’s license revocation: 2 years (no restricted license for at least 1 year)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months jail
    • $3500 fine and court costs
    • driver’s license suspension: 2 years (no restricted license for at least 1 year)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, 1st Refusal, Transporting Minor

  • MINIMUM
    • 5 days jail
    • $750 fine and court costs
    • driver’s license revocation: 2 years (no restricted license for at least 1 year)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction
  • MAXIMUM
    • 12 months jail
    • $3500 fine and court costs
    • license suspension for 2 years (no restricted license for at least 1 year)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (1) criminal conviction

DUI Virginia First Offense, 2nd Offense Breath Test Refusal in 10 Years

  • MINIMUM
    • no minimum jail time
    • $250 fine and court costs
    • driver’s license revocation: 4 years (no restricted license for 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions
  • MAXIMUM
    • 18 months jail
    • $3500 and court costs
    • driver’s license suspension for 4 years (no restricted license for at least 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions

DUI Virginia First Offense, 2nd Refusal, Transporting Minor

  • MINIMUM
    • 5 days jail
    • $750 fine and court costs
    • driver’s license revocation: 4 years (no restricted license for 3 years)
    • ASAP
    • Ignition Interlock
    • DMV Points: 6
    • (2) criminal convictions
  • MAXIMUM
    • 18 months in jail
    • $3500 and court costs
    • driver’s license suspension for 4 years (no restricted license for at least 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions

DUI Virginia First Offense, 3rd or Subsequent Breath Test Refusal in 10 years

  • MINIMUM
    • no minium jail time
    • $250 fine and court costs
    • driver’s license revocation: 4 years (no restricted license for 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions
  • MAXIMUM
    • 24 months jail
    • $5000 fine and court costs
    • driver’s license suspension for 4 years (no restricted license for at least 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions

DUI Virginia First Offense, 3rd Refusal, Transporting Minor

  • MINIMUM
    • 5 days jail
    • $750 fine and court costs
    • driver’s license revocation: 4 years (no restricted license for at least 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions
  • MAXIMUM
    • 2 years jail
    • $5000 fine and court costs
    • driver’s license revocation: 4 years (no restricted license for at least 3 years)
    • ASAP
    • Ignition Interlock
    • DMV points: 6
    • (2) criminal convictions

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***