Driving under the influence can lead to a slew of devastating consequences. Those who are impaired by alcohol are less-likely to be able to control their vehicle and implement the type of judgment and coordination necessary for safe driving. While there is always the risk of injuring yourself or others in a collision, being arrested in Virginia for driving under the influence or driving while intoxicated can lead to costly punitive sanctions. The best way to avoid legal penalties is to designate a driver or take another form of transportation after you have consumed alcohol. Drivers who fail to take the steps to avoid an arrest will face the following varying consequences.
Definition of DUI
Driving under the influence in Virginia is defined as operating a motor vehicle with a blood alcohol content (or BAC) is at or exceeding .08%. If there is sufficient evidence that a driver is under the influence of another drug besides alcohol, DUI can be suspected and charged with a BAC of zero.
First Offense
First time offenders can face up to a $2500 fine, up to 12 months in jail and the revocation of their driver’s license for one year. Those convicted of DUI for the first time will automatically be required to install an interlock ignition device that will make it impossible for a driver who has consumed alcohol to start their vehicle.
Second Offense
Anyone caught driving under the influence for the second time will face stiffer penalties. Second time convicts of DUI will face a minimum $500 fine, revocation of their driver’s license for three years, and a term to be served in jail up to one year. If the second offense occurs within 5 years of the first offense there is a minimum 20-day jail sentence automatically imposed. If the second offense occurs within 10 years of the first offense, a jail term of at least 10 days is mandatory.
Third Offense
A person who is caught driving under the influence in Virginia for the third time faces even more severe penalties. Firstly, the driver will face a minimum $1,000 fine and lose his or her license indefinitely. Third time convicts are also charged as a Class 6 felony under Virginia law. If the third offence occurs within five years of the second conviction for DUI, the person is mandated to serve a six-month term in jail. Those who are convicted of a third DUI in Virginia with a second offence occurring within 10 years prior are required to serve at least 90 days in jail. All third time convicts of DUI in Virginia are ordered to forfeit their motor vehicle provided they are the sole owner of the vehicle.
Other circumstances that affect the penalties for DUI include a BAC that is over .20. Those who are convicted of DUI with a BAC at or above .20 are automatically subject to jail terms in addition to the other penalties warranted by the previously mentioned penalty terms. The additional jail terms that are to be imposed include a 10-day stint in jail or a 20-day sentence if the DUI in question occurs within 10 years of another DUI conviction. Twice convicted persons will be required to install the interlock ignition devices on each vehicle they own or part-own. Failure to do so will result in additional penalties and fines.
Minor Offenders
Drivers who are convicted of DUI while under the age of 18 have a slightly lower standard to reach the penalties associated with DUI in Virginia. Having a BAC of just .02% is sufficient to charge and convict a minor of driving under the influence. Penalties can include a one year suspension of the minor’s driver’s license and 50 hours of community service. A $500 fine can also be imposed for a driver under 21 convicted of DUI. If the minor convicted of DUI has a BAC of .08%, all of the same penalties as listed above for adults are imposed.
