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Penalties for Drinking and Driving in Virginia

When operating a motor vehicle in Virginia you are considered legally intoxicated if your blood alcohol content (BAC) is equal to 0.08 percent or higher. However, your BAC can be below 0.08 percent and you could still be considered under the influence of alcohol if your ability to operate your vehicle is impaired. The penalties in either situation are the same.

If convicted of your first DUI offense

  • Mandatory, minimum $250 fine
  • Driver’s license revocation for one year

If convicted of your second DUI offense

  • Mandatory, minimum $500 fine
  • Driver’s license revocation for three years
  • Possible jail term up to one year

Additional penalties if convicted of your second DUI offense within 10 years of the prior offense

  • Mandatory, minimum ten-day jail term

Additional penalty if convicted of your second DUI offense within 5 years of your first offense

  • Mandatory, minimum 20-day jail term

If convicted of three DUIs within a 10 year period

  • Mandatory, indefinite driver’s license revocation

If convicted of your third DUI offense

  • Mandatory, minimum $1,000 fine
  • Mandatory indefinite driver’s license revocation
  • Prosecution as a Class 6 felony

Additional penalty if convicted of your third DUI offense within 5 years

  • Mandatory, minimum six-month jail term

Additional penalties if convicted of your third DUI offense within 10 years

  • Mandatory, minimum 90-day jail term
  • Permanent forfeiture of your vehicle (if you are the sole owner)

If convicted of your fourth or subsequent DUI offense

  • Mandatory, minimum one-year jail term

If you are arrested with a BAC of 0.15 percent up to but not equal to 0.20%

  • First offense carries a mandatory, minimum five-day jail term in addition to all other penalties
  • Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties

If you are arrested with a BAC of 0.20 percent or above

  • First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties
  • Second offense within ten years carries a mandatory, minimum 20-day jail term in addition to all other penalties

As you can see the penalties for being convicted of driving under the influence in Virginia can be quite severe. If you need help with your Virginia DUI case, please contact the experienced Norfolk based criminal law attorneys at Tavss Fletcher. We have the dedication and experience you’ll want on your side.

TAVSS FLETCHER

RBC Centura

555 East Main Street, 14th Floor

Norfolk, VA 23510

Telephone: (757) 625-1214

Facsimile: (757) 622-7295


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Tavss Fletcher
RBC Centura
555 East Main Street
14th Floor
Norfolk, VA 23510
Phone: 757.625.1214
Fax: 757.622.7295

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