DUI Penalties in Virginia

DUI penalties in Virginia can be very serious. There are several mandatory penalties if convicted. There are also increased penalties for certain aggravating factors such as high Blood Alcohol Content (BAC), having children in the car, and subsequent offenses.

DUI Penalties in Virginia

The first penalty of a DUI in Virginia comes before a person is even convicted. After bering charged with a DUI, the person’s privilege to operate a motor vehicle will be administratively suspended for 7 days. That means the person cannot drive at all during that time-not even with a restricted license.

For more information on Administrative License Suspension in Virginia, click here.

DUI Penalties in Virginia

A first offense DUI in Virginia is a misdemeanor and has mandatory penalties.

First Offense DUI in Virginia

A first offense DUI in Virginia is a Class 1 misdemeanor. It is punished with up to 12 months in jail and a fine up to $2,500.

There is a mandatory minimum fine of $250, in addition to court costs. Additionally, the driver’s privilege to operate a motor vehicle in Virginia will be revoked for 12 months. The driver can apply for a restricted drivers license which will allow him or her to drive to certain very specific places (such as work, among a few others), but the driver will have to have an Ignition Interlock installed in his or her vehicle to be able to get a restricted driver’s license. Additionally, the driver will have to enter into and successfully complete the Virginia Alcohol Safety Action Program (ASAP).

For more information on the penalties for a first offense DUI in Virginia, click here.

For more information on a first offense DUI in Virginia, click here.

DUI Penalties in Virginia for High Blood Alcohol Content

Driving with a Blood Alcohol Content (BAC) over .15 but less than .20 is punished with a mandatory minimum active jail sentence of 5 days. (Va. Code §18.2-270).

Driving with a BAC over .20 is punished with a mandatory minimum active jail sentence of 10 days. (Va. Code §18.2-270).

For more information on Blood Alcohol Content (BAC) in Virginia, click here.

For more information on Blood Alcohol Content and mandatory jail time in Virginia, click here.

For more information on increased penalties for a DUI with a high BAC in Virginia, click here.

DUI Penalties in Virginia for Transporting Minor Under 17 While Under the Influence

In addition to any other applicable penalties, a person convicted of driving under the influence while at the same time transporting a minor under the age of 17 will be sentenced to a 5 day mandatory minimum jail sentence. This means that the person will have to spend at least 5 days in jail and he or she will not receive good time credit for this time. The driver will also be required to pay an additional mandatory minimum fine of at least $500 but no more than $1,000. (Va. Code §18.2-270).

For more information on Transporting a Minor while Driving Under the Influence in Virginia, click here.

For more information on the penalties for Transporting a Minor while Driving Under the Influence in Virginia, click here.

DUI Penalties in Virginia for Subsequent Offenses

A second offense DUI in Virginia is also a Class 1 misdemeanor. It has the same maximum penalties as a first offense, but has increased mandatory penalties because of the driver’s prior conviction. (Va. Code §18.2-270).

Second Offense DUI Penalties in Virginia

A second offense DUI within 5 or 10 years in Virginia has increased penalties, including mandatory minimum penalties. (Va. Code §18.2-270).

A person charged with a second offense DUI in Virginia within 10 years will have his driver’s license administratively suspended for 60 days. This means the driver cannot drive at all during this suspension period. (Va. Code Va. Code §46.2-391.2).

Second Offense DUI in 5 Years in Virginia

A second offense DUI within 5 years of a first DUI in Virginia has increased penalties. It is punished with a minimum of one month in jail up to one year, and twenty days of that sentences is a mandatory minimum jail sentence. This means that the person will have to spend at least 20 days in jail, and does not receive good time credit for this time. There also is a mandatory minimum fine of $500. (Va. Code §18.2-270). The driver’s license to operate a motor vehicle in Virginia will also be automatically revoked for 3 years. The driver cannot apply for a restricted license for at least one year. (Va. Code §18.2-271.1).

For more information on the penalties for a second offense DUI in 5 years in Virginia, click here.

For more general information on a second offense DUI in 5 years in Virginia, click here.

Second Offense DUI in 10 Years in Virginia

A second offense DUI within 10 years of a first DUI in Virginia is punished with at least one month in jail, and 10 days of that jail sentence are a mandatory minimum jail sentence. There also is a mandatory minimum fine of $500. (Va. Code §18.2-270). The driver’s license to operate a motor vehicle in Virginia will also be automatically revoked for 3 years. The driver cannot apply for a restricted license for at least four months. (Va. Code §18.2-271.1).

For more information on the penalties for a second offense DUI in 10 years in Virginia, click here.

For more general information on a second offense DUI in 10 years in Virginia, click here.

Third Offense DUI Penalties in Virginia

A third offense DUI within 10 years in Virginia is a felony and has increased penalties, including mandatory minimum penalties. (Va. Code §18.2-270).

A person charged with a third offense DUI in Virginia within 10 years will have his driver’s license administratively suspended until the date of his or her trial. This means the driver cannot drive at all during this suspension period. (Va. Code Va. Code §46.2-391.2).

If convicted of a third offense DUI in 10 years in Virginia, the driver’s privilege to operate a motor vehicle in Virginia will be permanently revoked. (Va. Code §46.2-391; Va. Code §18.2-271; Va. Code §18.2-271.1).

For more information on the penalties for a third offense DUI in Virginia, click here.

For more general information on a third offense DUI in Virginia, click here.

Third Offense DUI in 5 Years in Virginia

A third offense DUI in 5 years in Virginia is punished with a mandatory minimum term of incarceration of 6 months. This is an active jail sentence and none of this time can be suspended. There is also a mandatory minimum fine of $1,000. (Va. Code §18.2-270). The driver’s privilege to operate a motor vehicle in Virginia will be permanently revoked. (Va. Code §46.2-391; Va. Code §18.2-271; Va. Code §18.2-271.1).

For more information on the penalties for a third offense DUI in 5 years in Virginia, click here.

For more general information on a third offense DUI in 5 years in Virginia, click here.

Third Offense DUI in 10 Years in Virginia

A third offense DUI in 10 years in Virginia is punished with a mandatory minimum term of incarceration of 90 days. This is an active sentence and none of this time can be suspended. There is also a mandatory minimum fine of $1,000. (Va. Code §18.2-270). The driver’s privilege to operate a motor vehicle in Virginia will be permanently revoked. (Va. Code §46.2-391; Va. Code §18.2-271; Va. Code §18.2-271.1).

For more information on the penalties for a third offense DUI in 10 years in Virginia, click here.

For more general information on a third offense DUI in 10 years in Virginia, click here.

Fourth Offense DUI Penalties in Virginia

A fourth offense DUI in 10 years in Virginia is a felony. It is punished with a mandatory minimum of one year in prison and a mandatory minimum fine of $1,000. (Va. Code §18.2-270). The driver’s privilege to operate a motor vehicle in Virginia will be permanently revoked. (Va. Code §46.2-391; Va. Code §18.2-271; Va. Code §18.2-271.1).

Felony DUI in Virginia

In addition to a third, fourth or subsequent offense DUI within 10 years in Virginia, a person can also be charged with, and convicted of, a felony DUI if he or she has certain prior convictions. This offense is a Class 6 felony, which is punished with up to 5 years in prison, with a mandatory minimum prison sentence of one year, and a fine up to $2,500, with a mandatory minimum fine of $1,000. The driver’s privilege to operate a motor vehicle in Virginia will be permanently revoked. (Va. Code §46.2-391; Va. Code §18.2-271; Va. Code §18.2-271.1).

These prior convictions include DUI-Related Involuntary Manslaughter (Va. Code §18.2-36.1), Boating Under the Influence Involuntary Manslaughter (Va. Code §18.2-36.2), DUI-Related Maiming (Va. Code §18.2-51.4), and Boating Under the Influence-Maiming (Va. Code §18.2-51.5).

Felony DUI Penalties in Virginia

Another penalty for a felony DUI conviction in Virginia is that the driver’s vehicle is subject to seizure and forfeiture. (Va. Code §18.2-270).

For more information on vehicle seizure and forfeiture after a felony DUI conviction in Virginia, click here.

For more general information on vehicle seizure and forfeiture in Virginia, click here.

 

For more general information on DUI charges in Virginia, click here.

For more information on the difference between active and suspended jail time in Virginia, click here.

For more information on DUI charges and mandatory minimum jail time in Virginia, click here.

For more information on Ignition Interlock in Virginia, click here.

For more information on the Virginia ASAP program, click here.

For more information on drivers license revocation after a DUI conviction in Virginia, click here.

For more general information on drivers license revocation in Virginia, click here.

 

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