Virginia DUI Laws
The east coast state of Virginia while beautiful to visit and even better to live in also the place where DUI laws are tough! As a driver in Virginia, you’re probably blissfully unaware that a DUI charge actually involves two separate cases. The first (and probably more obvious) is the case in criminal court. Here, drivers face actions such as jail time, community service, fines and more. But in addition to the criminal case, drivers will also be involved in a civil case with the state’s department of motor vehicles. The state will immediately suspend your license for seven days, which can result in an up to 1-year driver’s license suspension depending on their ruling. Remember, this penalty is separate from the criminal case. For a first-offense DUI in Virginia, the court will take your license away for 1 year upon conviction.
How can I be charged with DUI in Virginia?
One way, is by the police observing poor driving habits or your failure of field sobriety testing. However, you can also be charged with a DUI by simply having a blood alcohol content higher than the state’s legal limit of .08%. This is known as the “per se” law, which states that you don’t necessarily have to be intoxicated to be charged with a DUI. The prosecution cannot prove violation of “per se” law without your blood, breath or urine test results.
In Virginia, if you are convicted of DUI, this is considered a Class 1 misdemeanor. While you do not have to submit to chemical testing if requested by police, you should know that refusal carries harsh punishments due to the state’s Implied Consent law. When you received your driver’s license you were impliedly consenting to submit to chemical testing if police believe you are drinking and driving.
Like many other states, Virginia has enhanced penalty laws for those driving with a blood alcohol content much higher than .08%. In Virginia, the enhanced penalty BAC level is .20%. You’ll likely face harsher penalties with a BAC of this level or higher. Anyone under the age of 21 cannot have a BAC of .02%; this is a violation of the Zero Tolerance law.
Upon receiving a Virginia DUI conviction, you can face the installation of ignition interlock device being installed in your car at your expense. Your vehicle can also be confiscated and you must enroll in alcohol education and alcohol treatment courses.
A DUI in Virginia can result in severe penalties! Contact a qualified DUI attorney today to defend your rights.
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