Virginia DUI Laws

Virginia has some of the toughest DUI laws in the country. If you have recently been charged with driving under the influence, it is crucial that you hire an experienced defense attorney as soon as possible. A good attorney will closely examine your case to find the best defense.

In Virginia, you may be charged with DUI based on your driving behavior or your BAC (blood alcohol content). If your BAC is higher than Virginia’s legal limit of 0.08 percent, you will be charged with a “per se” violation. Even if you are not truly impaired by alcohol, you will be charged with DUI based solely on your BAC level.

Virginia has enhanced penalty laws for those who drive with an excessively high BAC. For example, if your BAC is 0.15 percent or higher, you will face mandatory time in jail. Although 1st and 2nd offense DUI's are Class 1 misdemeanors, a third DUI offense is a felony.

Refusing to submit to a breath or blood test in Virginia is a serious matter. You may face harsh punishments due to the Implied Consent Law. This law says that you consented to take a chemical test just by driving on a highway in Virginia.