DUI Law in Virginia
Although the penalties for a DUI can seem daunting, you don’t have to face them alone. By understanding Virginia’s DUI laws and taking the right steps, you can protect your rights, explore options to reduce penalties and begin to move forward.
This guide breaks down the potential penalties for a DUI conviction in Virginia, and outlines the steps you should take to handle the charges effectively.
Possible Consequences of a Virginia DUI Conviction
Virginia enforces strict DUI penalties, which are determined by your BAC at the time of arrest, prior convictions, and aggravating factors such as accidents or injuries. The state imposes a legal BAC limit of 0.08% for adults and a 0.02% limit for drivers under 21 under its zero-tolerance policy.
Paying Fines
Fines are one of the first penalties for a DUI conviction in Virginia. For a first offense, you can expect fines ranging from $250 to $2,500. Second offenses may lead to fines of up to $2,500, and third offenses can also reach this maximum, often alongside additional costs. These figures exclude administrative fees, court costs, and expenses for required programs.
If your DUI involved an accident or injuries, you may also be responsible for restitution payments, significantly increasing the financial impact.
Jail Time
Jail time is a possibility for all DUI convictions in Virginia. First-time offenders with a BAC below 0.15% may not face mandatory jail time, but those with a BAC of 0.15% or higher are required to serve at least 5 days in jail. Second convictions result in 20 days to 1 year, while a third offense is considered a felony, carrying a sentence of up to 5 years. Additional jail time is imposed for high BAC levels or if a child was in the vehicle at the time of the offense.
According to the Code of Virginia, your first or second DUI is classified as a misdemeanor. Jail time for these convictions can be up to 1 year. Additionally, Virginia imposes a minimum mandatory sentence of 20 days for a second offense. However, third DUIs or higher are charged as felonies, which can carry much longer sentences. The minimum required sentence for felony DUIs in Virginia is 1 year in jail, and the maximum is typically 5 years.
Probation
Probation is often ordered as part of DUI sentencing in Virginia. Offenders placed on probation must meet certain conditions, such as abstaining from alcohol, attending court-ordered programs, and meeting regularly with a probation officer. Probation typically lasts 6 months to 2 years.
DUI probations in Virginia are overseen by the Virginia Alcohol Safety Action Program (VASAP). Probation terms typically involve fees, alcohol treatment, and driver education. Violating the VASAP rules can result in fines and jail time, up to the maximum for your original offense. In addition, your driver’s license may not be reinstated until all of your VASAP requirements are complete.
Drug and Alcohol Education Program
Virginia requires most DUI offenders to complete the Alcohol Safety Action Program (ASAP). This program focuses on education, substance abuse assessment, and monitoring compliance with court-ordered requirements. ASAP courses typically cost between $250 and $500, depending on the program and the offender’s needs.
For repeat offenders or those with high BAC levels, additional treatment or counseling may be mandated by the court. Completing ASAP is often a prerequisite for reinstating your driver’s license.
Suspension or Loss of License
License suspension is an automatic consequence of a DUI conviction in Virginia. First-time offenders typically face a suspension of 1 year, while a second conviction results in a 3-year suspension. A third offense may lead to indefinite revocation.
To reinstate your license, you’ll need to complete all court-mandated requirements, pay reinstatement fees, and, in most cases, install an ignition interlock device (IID). The IID requires you to pass a breath test before your vehicle starts.
What Should You Do When Charged With a DUI in Virginia?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With Virginia DUI Law
The first step after a DUI arrest is hiring an experienced attorney. A lawyer can help you understand the charges, evaluate the evidence, and build a strong defense to minimize the penalties you face.
Step 2: Learn About Your State’s DUI Laws
Understanding how Virginia’s DUI laws apply to your case is critical to protecting your rights. With the guidance of your attorney, you can better navigate the legal system and prepare for what’s ahead.
Step 3: Request a DMV Hearing
In Virginia, you have 7 days to contest the administrative suspension of your driver’s license. This hearing, separate from your court case, determines whether your license will remain suspended until your trial. Contact the Virginia Department of Motor Vehicles office to schedule your hearing.
Step 4: Prepare for Court Appearance
Your attorney will guide you through preparing your case, whether you plan to plead guilty, seek reduced charges, or fight for a dismissal. Building a solid defense involves reviewing the evidence, identifying weaknesses in the prosecution’s case, and ensuring your rights were not violated during the arrest.
Step 5: Receive Sentencing or Exoneration
If convicted, promptly fulfilling all court-ordered requirements is essential. This includes paying fines, attending programs, and complying with probation terms. Timely compliance helps avoid additional penalties and demonstrates your commitment to moving forward.
Work with an Experienced Local DUI Lawyer in Virginia
Should you ever find yourself charged with a DUI, you need to work with an experienced Virginia lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in Virginia today. We can even help you connect with legal help across Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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