Virginia DUI Laws

Many attorneys will agree that DUI (driving under the influence) law is one of the most complex fields to practice, and for good reason. If you are arrested for driving under the influence, you not only face criminal charges – you must also fight to keep your license from being suspended.

In the Commonwealth of Virginia, it is illegal to operate a car, motorcycle, boat, or other motor vehicle while under the influence of alcohol or drugs. A DUI conviction can be obtained by proof that the driver was under the influence of alcohol and/or drugs, or by proving that the driver violated Virginia’s “per se” laws. This means that the driver had a blood alcohol content (BAC) of .08 percent or higher while operating a vehicle.

Prosecutors try to prove a traditional drunk-driving charge by referencing the motorist's driving patterns and field sobriety test performance. To prove that the per se laws were broken, the prosecutor must enter a breath or blood test as evidence to prove that the driver’s BAC was .08 or over.

You can also be convicted of DUI if your BAC is less than .08 percent. If the officer finds proof that a driver is under the influence of drugs, including legal prescription and over-the-counter medication, he can be arrested with a BAC of zero.

In Virginia, DUI is a Class 1 misdemeanor. While this may not seem as bad as a felony, for a first offense, a convicted driver will face jail time, hefty fines, and a driver’s license suspension for up to one year.

If a driver is convicted of driving with an especially high BAC level, he will be subject to extra jail time and fines. In addition to these penalties, any driver with a BAC of 0.15 percent or greater will be required to have an ignition interlock device installed on his vehicle.

If you have recently been arrested for driving under the influence in Virginia, you need a DUI defense attorney to walk you through the court systems and protect your rights. Fill out our online form today, and an experienced lawyer will contact you shortly.

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