June 4, 2022

Driving Under the Influence

Virginia treats all first offense DUI and DWI as criminal acts in the VA criminal law chapter.

If you have been charged with a DUI you need to seek representation from Driving Defense Law as soon as possible to ensure that you are protected.

In Virginia you can be charged with a DUI if your blood alcohol concentration (BAC) is 0.08 percent or higher, or if you have detectable controlled substances in your system. Including:

  • 0.02 milligrams of cocaine
  • 0.1 milligrams of methamphetamine
  • 0.01 milligrams of phencyclidine
  • 0.1 milligrams of 3,4 methylenedioxymethamphetamine

The penalties for a DUI conviction depends on whether you have prior DUI convictions and whether you are under the age of 21.

Penalties of Driving Under the Influence in Virginia

First DUI

If this is your first DUI conviction, you are facing a mandatory minimum fine of $250, a requirement to complete the Alcohol Safety Action Program (ASAP), up to 12 months in jail, and a one-year license revocation.

Second DUI

If this is your second DUI conviction, you are facing a mandatory minimum fine of $500, a requirement to complete ASAP, a potential one-year jail sentence, and a three year license revocation. You could also face a mandatory 10 day jail sentence if it is your second DUI in a 10 year period, or a 20 day jail sentence if it is your second DUI in a 5 year period.

Third DUI

If this is your third DUI conviction then you are facing felony charges. Including a mandatory minimum fine of $1,000, a requirement to complete ASAP, an indefinite revocation of driving privileges, and a potential one-to-five-year sentence of imprisonment. You are also facing a potential 90 day jail term and the forfeiture of the vehicle you were driving if it is your third DUI in 10 years. A third conviction within 5 years produces a mandatory sentence of six months in jail.

Underage DUI

If you are underage and convicted of a DUI you are facing a mandatory one year suspension of driving privileges, a minimum fine of $500 or 50 hours of community service and up to 12 months in jail.

Demerit Points – 6 points

If you are convicted of a DUI you should also expect to receive six demerit points on your record.

  • Driving while intoxicated (11 years)
  • Driving under the influence of alcohol or drugs (11 years)
  • Driving under the influence of drugs (11 years)
  • Driving after illegally consuming alcohol (under the age of 21) (3 years)
  • Driving while intoxicated – maiming (11 years)
  • Involuntary manslaughter/alcohol (11 years)
  • Refusing blood/breath test (11 years)
  • Driving while your license is suspended or revoked for driving while intoxicated (11 years)
  • Driving while your license is revoked for driving while intoxicated – maiming (11 years)
  • Driving while your license is revoked for driving while intoxicated – involuntary manslaughter (11 years)

Virginia Code

18.2-266 Driving Motor Vehicle, Engine, etc., while Intoxicated§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc (virginia.gov)
  • While such a person has a blood alcohol concentration of 0.08 percent of alcohol
  • Blood concentration of:
    • 0.02 milligrams of cocaine
    • 0.1 milligrams of methamphetamine
    • 0.01 milligrams of phencyclidine
    • 0.1 milligrams of 3,4 methylenedioxymethamphetamine
18.2-270 Penalty for Driving while Intoxicated etc.§ 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (virginia.gov)

Involuntary Manslaughter

18.2-36.1 Conduct Punishable as Involuntary Manslaughter § 18.2-36.1. Certain conduct punishable as involuntary manslaughter (virginia.gov)
  • Any person, as a result of driving under the influence, causes the death of another person, will be guilty of involuntary manslaughter
  • If the conduct showed a reckless disregard for human life, he is guilty of aggravated involuntary manslaughter
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