Virginia Penalties for DUI

• Drinking and driving in Virginialemon image by Mat Hayward from Fotolia.com
  
  In the state of Virginia, it is illegal to drive with a blood alcohol concentration (BAC) of .08 or more. If a person in 21 years or younger, it is illegal to drive with a BAC of .02 or higher. A commercial driver is considered to be driving under the influence if his BAC is .04 or higher.
  
  

Ignition Interlock Device

• In the state of Virginia, the ignition interlock device is installed in vehicles of drivers convicted of driving with a BAC of .15 or higher for the first DUI offense. For a person convicted of a second and third DUI offense, the ignition interlock device is required no matter what their BAC is and must be installed before reinstating the person's driver's license. The ignition interlock device requires the driver to blow into the device. The device analyzes the driver's BAC. If the driver is alcohol free, the device allows the driver to start the vehicle. Some devices require the driver to blow into the device periodically as they are driving to ensure the driver is not drinking after starting the vehicle. Any person that is caught driving a vehicle without the ignition interlock device is charged with a Class 1 misdemeanor and his driver's license is revoked for one year.
  
  

First Offense DUI

• A person convicted of a first time DUI in Virginia will need to complete an alcohol safety program and will have his driver's license suspended for one year. The fine for a first time DUI will be a minimum of $250 with an enhancer if a passenger under the age of 18 years of age is in the car. Having an underage passenger at the time of the stop and arrest could raise the fine an additional $500 to $1,000. A conviction with a BAC of .15 to .20 will result in five days in jail and a BAC of over .20 is 10 days in jail. A DUI with an underage passenger results in five days in jail.
  
  

Second Offense DUI

• A person convicted of a second offense DUI within five years of the first DUI offense will serve a minimum of 20 days in a Virginia jail with the possibility of one year. If a passenger 18 years or younger was in the vehicle at the time of the arrest, a minimum of an additional five days can be added to the sentence. If the offense occurred from five to ten years after the first DUI, the person can receive a jail sentence of 10 days to one month. If the BAC is .15 to .20, jail time can be an additional 10 days. A person with a BAC is .20 or higher, can have an additional 20 days in jail added to his sentence. Having an underage passenger will add an additional 5 days minimum. The license of the person convicted of a second offense DUI is suspended for three years and the fines will be $500 minimum with an additional $500 to $1,000 if an underage passenger is in the vehicle. The person must also pay $50 to the Trauma Center Fund. All drivers must complete the alcohol safety program.
  
  

Third Offense DUI

• Any person convicted of a third offense DUI will face a minimum of six months in jail if the conviction is within five years from the last offense and a minimum of 90 days if within 10 years of the last offense. Having an underage passenger in the vehicle at the time of the offense results in an additional five days minimum. The driver's license is suspended indefinitely, but a person can petition the court to reinstate his license after five years. The fine is a minimum of $1,000 and the person must pay $50 to the Trauma Center Fund.
  
  

Implied Consent

• In Virginia, any person who drives on the roads of the state agrees to submit to a chemical test if stopped when the officer has reasonable cause. The method of testing for the BAC of a person can be a road side breathalyzer, or a urine or blood test done at a local medical facility. If a person refuses to take a blood alcohol test, the court can suspend his driving privileges when found guilty. The driver could face some of the same penalties that a person convicted of a DUI would face as well.