First Offense at Virginia DUI Penalties



Virginia DUI penalties and drunk driving consequences for drivers over the age of 21 are based on a blood alcohol concentration of .08 percent or higher. Drivers younger than 21 have a legal limit of .02 percent, and commercial drivers have a legal limit of .04 percent.

The act of driving in Virginia constitutes consent to taking a blood alcohol concentration test. This is considered “implied consent” under state law. If an officer suspects an individual to be driving under the influence, the driver can be required to take a BAC test. Even if the test is not given at the time the driver is stopped, the prosecutor could still charge the driver with DUI.

Individuals under 21 caught driving with a BAC of .02 percent or higher face a license suspension of up to one year. This is added to the administrative license suspension, or ALS, that goes into effect at the scene when police confiscate the license. Other penalties include a minimum $500 fine or 50 hours of community service. The driver may be required to participate in the Alcohol Safety Action Program and may have their license restricted. Virginia DUI penalties and drunk driving consequences for drivers over the age of 21 depend on past offenses, time frame and BAC test results.

Penalties for a 1st DUI offense

There is an administrative license suspension of seven days and a fine of between $250 to $300 for first-time offenders. The driver will have their license suspended for one year, and they will gain a criminal record. The court may also order participation in ASAP, require an ignition interlock device and may restrict the person’s driver’s license.

Penalties for a 2nd DUI offense

A second DUI offense results in a 60-day license suspension and a minimum $500 fine. The driver’s license is revoked indefinitely, and any court-ordered restitution will be required. A mandatory one month to one year of jail time is required if the second DUI occurred less than five years from the first offense. A mandatory minimum of 10 days in jail is imposed if the charge occurred within five to 10 years from the first offense. The court may order an ignition interlock device, and it is possible the driver’s license will be restricted.

Penalties for a 3rd DUI offense

Third offenses require license suspension until the trial is held. The driver goes to jail for 90 days if the DUI is within 10 years of the first offense or for six months if it occurred within five years. There is a minimum $1,000 fine and indefinite license revocation. The driver may be required to install an ignition interlock device. The person’s drivers license may be restricted.

Penalties for a 4th DUI offense

After a fourth offense, Virginia DUI penalties impose a license suspension until trial. A $1,000 fine is imposed along with a one-year jail term. The driver’s license is revoked indefinitely, and court-ordered restitution must be paid. This offense constitutes a felony charge, and the vehicle could be seized and forfeited.

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