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Virginia DUI Laws Within the Code of Virginia, the following is written into law concerning the operation of motor vehicles while under the influence of alcohol. § 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v). For the purposes of this article, the term "motor vehicle" includes mopeds, while operated on the public highways of this Commonwealth. Virginia DUI Penalties Virginia Code § 18.2-270 highlights the penalties associated with driving under the influence, driving while intoxicated; subsequent offense and prior conviction. § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction. 1st DUI Offense Any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days. 2nd DUI Offense Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence. Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence. Upon conviction of a second offense within 10 years of a prior offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500. Felony DUI Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under § 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of § 8.01-296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with § 19.2-386.2. An immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition the court in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court, in its discretion, may release the vehicle. In the event the vehicle was sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.
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Don't Let a DUI Ruin Your Life Consequences that can flow from a DWI arrest and prosecution include: loss of your driver’s license, vehicle impoundment, heavy fines, court costs and extensive administrative fees, probation, jail, etc. If you are found guilty of DUI, your conviction can give you a permanent criminal record which could have even bigger consequences such as loss of your job or being prevented certain future employment – especially if it is a government job or involves driving. There are other somewhat hidden penalties for these convictions. Virginia DUI laws are strict - and the punishments are often harsh. Some of your friends or loved ones may advise you to represent yourself in court, or to retain an attorney that does not concentrate their practice on DUIs. Given the complex nature of these charges and the potential penalties you could face, you need to protect yourself from losses of your rights and privileges – hire an attorney with the experience and aggressive defense you need to fight your DUI charge. Contact attorney Michael A. Robinson of Robinson Law, PLLC for your free consultation! Breath TestsWhen you are pulled over for probably cause or for another traffic offense and law enforcement has reason to believe you are intoxicated, you are not given the choice as to which types of tests you will be required to take. If the officer had reasonable suspicion to believe you are intoxicated, you were required to take a breath test. Refusing to take this test is a misdemeanor. If you have had a prior DUI/DWI conviction and also refused to take the breath test in that instance, refusing the breath test again can carry a three-year license suspension penalty. The appropriate administration of the breath test, and establishing that the officer had reasonable suspicion to require you to take the test, are areas of the DUI defense investigation that must be examined very carefully. Definitions Driving under the influence (DUI) and driving while intoxicated (DWI) both refer to driving a motor vehicle (automobile, boat or watercraft) with a blood alcohol concentration (BAC) at a level where you can be arrested. In Virginia, this level is 0.08%. It is possible to be convicted of a DUI or DWI even if your BAC is less than .08%. If law enforcement can prove that you are under the influence of drugs that impair your driving, you can be arrested for a DUI with a BAC of zero. This type of DUI can include even the influence of legal prescriptions or over-the-counter drugs if it is proven that those drugs impaired your driving capabilities. Impaired driving means that your skills, judgment, coordination and response time are affected before your BAC reaches the legal level, or if you are using drugs.
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Site by Robinson Law, PLLC 464 Herndon Parkway, Suite 600, Herndon, Virginia 20170 Phone: (703) 657-9867 |
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Virginia BAC Laws All drivers with a BAC of .08 or higher.
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