DUI Offense Lawyer

Serving Virginia Beach, Chesapeake, and Norfolk

Virginia’s Driving Under the Influence (DUI) laws are a complex set of statutes with several intertwining layers. Virginia’s DUI laws are based on the blood alcohol content (BAC) or drug (this includes controlled substances as well as uncontrolled substances) involved, and whether the person refused to take a blood or urine test when requested and there is probable cause to suspect that a person was operating a vehicle while under the influence of drugs or alcohol. Also, based on which offense the person is facing, first offense, second offense, etc. the impact of a DUI charge can have long lasting effects. Looking over prior history of offenses, the severity of the penalties involved can drastically increase as offenses occur.

Penalties for DUI in Virginia:

Conviction for DUI first offense

Mandatory, minimum $250 fine
Driver’s license revocation for one year
Must have interlock on vehicle

Conviction for DUI second offense

Mandatory, minimum $500 fine
Driver’s license revocation for three years
Possible jail term up to one year
Must have interlock on vehicle

Conviction for DUI second offense within ten years of prior offense carries the following additional penalty

Mandatory, minimum ten-day jail term

Conviction for DUI second offense within five years of prior offense carries the following additional penalty

Mandatory, minimum 20-day jail term

Three DUI convictions within a ten-year period

Mandatory, indefinite driver’s license revocation
If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period.

Conviction for DUI third offense or DWI felony

Mandatory, minimum $1,000 fine
Mandatory indefinite driver’s license revocation
Prosecution as a Class 6 felony

Conviction for DUI third offense within five years carries the following additional penalty

Mandatory, minimum six-month jail term

Conviction for DUI third offense within ten years carries the following additional penalty

Mandatory, minimum 90-day jail term
Possible permanent forfeiture of your vehicle (if you are the sole owner)

Conviction for DUI fourth or subsequent offense

Mandatory, minimum one-year jail term
Possible permanent forfeiture of your vehicle (if you are the sole owner)

BAC of 0.15% and not higher than 0.20% at the time of arrest

First offense carries a mandatory, minimum five-day jail term in addition to all other penalties
Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties

BAC of 0.20% or higher at the time of arrest

First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties
Second offense within ten years carries a mandatory, minimum 20-day jail term in addition to all other penalties

Driving on a suspended license

A third conviction within ten years for driving on a license suspended because of a DUI-related offense is a class 6 felony and carries a mandatory term of one to five years or a fine of $2,500 or both.

Underage DUI

Zero Tolerance Policy states that a BAC of 0.02 but less than 0.08 under the age of 21 will invoke a court penalty of driver privilege suspension for one year from the date of conviction as well as a minimum mandatory fine of $500 and at least 50 hours of community service.
All BAC of 0.08 or higher would be treated the same regardless of age.

Transporting children while DUI

If convicted of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle, an additional 5-day jail term is added to all other fines and sentences.
Additional fines of at least $500 and up to $1000 can also be issued
A second DUI offense with a juvenile in the vehicle carries an additional 80-hour community service requirement in addition to all other fines and jail sentences.

Additional fines, penalties, and sentences are placed based on other individualized circumstances as well.

In addition to the penalties listed above, all DUI charges also get reported to the Central Criminal Records Exchange at the time of your arrest (not conviction).

(Vehicles, 2015)

A DUI conviction can inflict severe life-changing consequences on your everyday life. Let us help you understand your options and provide you the best defense possible. The McClenney Law Firm provides excellent defense for DUI charges in Virginia Beach, Chesapeake, and Norfolk.

***The above penalties can be found in the citation reference below***

Works Cited

Vehicles, V. D. (2015, July 1). DMV 168. Retrieved from The Commonwealth of Virginia, Virginia Department of Motor Vehicles: http://www.dmv.state.va.us/webdoc/pdf/dmv168.pdf

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