Virginia DUI Penalties
Probably one of the first questions you asked after being charged with a DUI is “what penalties am I facing?” One of the biggest factors in determining the penalties you’ll face is your criminal record.
Because of Virginia’s Implied Consent law, you can face harsher penalties for refusing to submit to a chemical test when asked by police. If you already have one DUI conviction in Virginia and you refused to take a chemical test when stopped again by police, your license will be suspended for three years. And if you’re wondering what ever happened to “innocent until proven guilty”, it doesn’t apply when you are arrested for DUI. During the arrest, the officer will take away your license.
First Offense
You will face a fine of at least $250 and your license will be revoked for 1 year. It is also mandatory that you enroll in the Alcohol Safety Action Program. The judge may also sentence you to jail, probation, community service, order an ignition interlock system to be installed in your vehicle and even confiscate your vehicle. Outside of court, you may also face loss of your job, have your insurance rates increase (or get canceled) and even have travel limitations.
Second Offense
If you are convicted twice of DUI, your fine is a minimum of $500. The judge will also order your license to be taken away for three years. As far as jail in concerned, it depends on whether or not this second conviction occurred within 5 years of your last DUI conviction. While the judge can sentence you up to 1 year in jail for a second offense, he or she may impose a 20 day sentence for such a conviction. If your conviction occurred with 10 years of your last conviction, he or she must order the minimum 10-day jail sentence.
Third Offense
This type of offense is no longer considered a misdemeanor but a Class 6 felony. As such, you’ll be facing a $1,000 minimum fine and a 6-month jail sentence if your last conviction was within 5 years. If it’s within 10 years, the sentence is 90 days. Not only will you lose your license, your vehicle will be permanently confiscated.
Zero Tolerance
Under 21 with a blood alcohol content of .02%? You’re DUI in Virginia. You’ll face a $500 fine, a 6-month license suspension and even some jail time.
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