Virginia DUI Laws

Drunk driving is a big problem in Virginia. Thousands of alcohol-related crashes occur every year, and hundreds of people die as a result. Because of this, law enforcement treats DUI as a very serious crime.

What is Drunk Driving?

People are often confused as to what constitutes drunk driving. This is because alcohol affects different people differently, and there are many factors at play. Everything from your height to gender—not to mention your tolerance—affects how your body processes alcohol.

According to the state of Virginia, drunk driving is operating a motor vehicle with a blood-alcohol concentration (BAC) that is at .08% or greater. If you’ve had a drink, you could be impaired. You are at risk of being under the influence, and as such, you should refrain from driving until you’ve sobered up.

But BAC isn’t the only factor that makes you eligible for a DUI. If you have drugs in your system that affect your reaction times, coordination, and judgment, you can be arrested for a DUI, even if you have no alcohol in your system. This includes any kind of drugs: street drugs, prescriptions, and even over-the-counter drugs.

Breath Tests

If you are pulled over on suspicion of intoxication, the officer may ask you to take a test to determine whether there’s alcohol in your system. Virginia DWI law stipulates that the driver does not have the option to select which kind of chemical test he or she will receive. If you should refuse to take the breath test, your license will be suspended, and if you have been convicted of a DUI in the past, or if you have failed a breath test before, refusal to take the test constitutes a misdemeanor.

Drivers License Suspension

There are several ways you could wind up with a suspended license as a result of getting pulled over on suspicion of driving under the influence. In addition to refusing a breath test, the Virginia DMV could place an immediate suspension on your license for a number of offenses—even before you go to court. This is done with the intention of keeping you, and your fellow Virginians, safe.

Virginia Laws and Penalties for DUI

According to the point system in Virginia, any points accrued will remain on your record for 2 years. A DUI is valued at 6 points, but if you’re getting a DUI, the points are the least of your problems. Virginia DUI laws dictates that the punishment for your DUI is based on how far you were over the legal limit. There are also stipulations in place for multiple offenses. The breakdown is as follows:

Virginia DUI Laws: First Offense

• Blood Alcohol Concentration—0.14% or below:
  • Up to 12 months in jail (no mandatory minimum)
  • 12-month license suspension
  • Alcohol Safety Action Program (ASAP) classes
  • Up to $2,500 fine ($250 minimum)

• Blood Alcohol Concentration—0.15% to 0.20%:
  • Up to 12 months in jail (mandatory minimum 5 days)
  • 12-month license suspension
  • Mandatory interlock device
  • ASAP classes
  • Up to $2,500 fine ($250 minimum)

• Blood Alcohol Concentration—above 0.20%:
  • Up to 12 months in jail (mandatory minimum 10 days)
  • 12-month license suspension
  • Mandatory interlock device
  • ASAP classes
  • Up to $2,500 fine ($250 minimum)

Virginia DUI Laws: Second Offense (within 10 years)

• Blood Alcohol Concentration—0.14% or below:
  • Up to 12 months in jail (mandatory minimum 10 days)
  • 36-month license suspension (no restricted license for 4 months)
  • Mandatory interlock device
  • ASAP classes
  • Up to $2,500 fine ($500 minimum)

• Blood Alcohol Concentration—0.15% to 0.20%:
  • Up to 12 months in jail (mandatory minimum 20 days)
  • 36-month license suspension (no restricted license for 4 months)
  • Mandatory interlock device
  • ASAP classes
  • Up to $2,500 fine ($500 minimum)

• Blood Alcohol Concentration—0.15% to 0.20%:
  • Up to 12 months in jail (mandatory minimum 30 days)
  • 36-month license suspension (no restricted license for 4 months)
  • Mandatory interlock device
  • ASAP classes
  • Up to $2,500 fine ($500 minimum)

Virginia DUI Laws: Second Offense (within 5 years)

• Blood Alcohol Concentration—0.14% or below:
  • Up to 12 months in jail (mandatory minimum 20 days)
  • 36-month license suspension (no restricted license for 4