DUI Reference Guide

Virginia DUI Laws

DUI charges can be brought forth for one of two reasons in the state of Virginia.  An individual can be found to be in violation of the per se law if they are caught driving with a blood alcohol content that is at or exceeds 0.08%.  Individuals who show signs of impairment as a result of being under the influence can also be arrested.

Those arrested for DUI face two different penalty phases.  They will lose their license for seven days automatically. When someone who holds an out of state driver’s license is arrested for a DUI while visiting or living in Virginia, they too face license suspensions.  Their arrest will be reported to their home state.  The license suspensions that come from the department of motor vehicles are not the same as those imposed during the penalty phase of the criminal case.  In fact, there will also be separate criminal punishments, which can also include license suspensions, jail sentences, fines and other penalties. 

Proving that a person was driving while under the influence of alcohol and/or drugs can create some challenges.  Those prosecuting the case will need to prove that the person was intoxicated and therefore impaired for driving at the time of their arrest.  They work to establish a case that creates enough testimony and evidence to lead to the conclusion that the driver was intoxicated.  Police officers can provide testimony about why they pulled the individual over.  They can also describe the state of the driver and make note of anything important they noticed.  For example, the driver might have been slurring their words or have blood shot eyes.  When field sobriety tests were given, the results of this test can also be provided as evidence that the person was driving under the influence if they failed the test.

Individuals will have a one-year license suspension on their first DUI offense.  For multiple offenses length of time for the license suspension will be for three years.  This is currently the mandatory sentence for all convicted of DUI.  In some cases an individual will be granted restricted driving rights.  This can help people to travel to and from work or school and for other necessary reasons.  All DUI convictions also result in a person needing to complete the Virginia Alcohol Safety Action Program. 

Some further punishments apply to those who have blood alcohol levels that can be considered excessive.  If their BAC is at 0.15% or more they will need to have an ignition interlock system installed in their vehicle before they can begin driving again after suspension.  In addition, they will need to serve five days in jail for their high levels.  The jail time is ten days for anyone with a BAC that is more than 0.20%.

Refusing to take a blood test can also result in further penalties.  In fact a refusal in itself is a crime.  A person can face as much as six months in jail for their first two offenses.  For a third offense, jail time increases to one year.   A three-year license suspension is applied to those who have prior DUI offenses.  

Mandatory jail sentences also apply to multiple offenses.  For example if a person commits their second DUI within ten years of the first, they will automatically be sent to jail for ten days.  A third offense in this time period will bring forth a six-month jail term. 

There are many possible penalties as a result of a DUI conviction.  Depending upon the judge sentences can vary greatly.  Any refusals for chemical testing will also have an impact on the person who was arrested.  Multiple offenses result in more jail time and other penalties.

Because there are so many components of DUI in Virginia, anyone arrested should consider consulting with a DUI lawyer.  They can inform a person of the aspects of DUI law.  In addition, the lawyer can inform people of any changes or updates in the law.  Lawyer can assist a person in creating their defense during the criminal aspect of their case.  For those that were arrested due to perceived impairment and not a BAC above the legal limit, lawyers can try to create doubt as to whether the person was in fact impaired through intoxication.