Virginia DUI Penalties
In Virginia, it is illegal to drive while under the influence of alcohol or drugs. If you are convicted of DUI, you should immediately find an experienced DUI defense attorney to protect your rights.
You may think that being arrested for drunk-driving is like getting a ticket for a traffic violation. It is not. A first-time offense is a Class 1 misdemeanor, which is the most serious of all the misdemeanor classes.
What are the penalties for drunk driving?
The maximum punishment for a first time offense is one year in jail, the loss of your driver’s license for up to one year, and a $2,500 fine. However, it is common for the judge to order a suspended sentence. This means that you will be sentenced to jail time, such as 30 days, but the sentence is suspended, so you will not have to go to jail unless you commit another crime within the next year. However, if you do commit another crime, the judge will order that the 30 days be served, plus the jail time for the additional crime.
The average fine for a first DUI is $300. While you will lose your license for up to a year, you may be granted a restricted operator’s license, which will allow you to drive to school, work, or other necessary locations. It is also required that you attend “DUI School” through the Virginia Alcohol Safety Action Program.
If your blood alcohol content (BAC) was between .15 and .20 percent, you face a mandatory five-day jail sentence. If your BAC was over .20 percent, you are looking at a mandatory ten-day sentence. In addition, drivers with a BAC over .15 will be ordered to have an ignition interlock device installed in their vehicles.
You will also face mandatory jail time if your arrest involved special circumstances such as transporting a minor while intoxicated, or causing an accident that results in injury or death.
If you have had a prior DUI, the minimum fines, jail time and license suspension length will also go up.
To avoid these penalties, you need to hire an attorney who specializes in DUI defense. For more information or for a free case evaluation, please fill out our online form now.
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