Virginia DUI Laws
Virginia Driving Under the Influence (DUI) Laws
If you are driving a car, motorcycle, or even a boat in Virginia, a good rule of thumb is to never consume alcohol or drugs. If you are caught, you can be charged with a driving under the influence (DUI) in the Commonwealth of Virginia. Penalties are steep and your life can be negatively impacted. In the "Old Dominion State," the prosecutor can charge you with a DUI in one of two scenarios:
- You are driving and your blood alcohol level is 0.08 percent or higher at the time of driving.
- You are driving and you are "under the influence" of drugs, alcohol, or a combination of both.
What is a Typical Sentence for a First-Time DUI Conviction?
In Virginia, a first offense DUI carries a mandatory minimum fine including court costs and fees. But a fine may be the least of your worries. Depending on the nature and seriousness of your case, you can be sentenced to up to one year in county jail depending on the facts of your specific case. You may also be required to be on probation and lose your driver's license.
Virginia Alcohol Safety Action Program (VASAP)
If you've been convicted of a DUI, your license will likely be suspended for a year. However, you may be able to request a restricted license if this is your first offense. There are several conditions that come along with the restricted license, but a key requirement is your enrollment in the Virginia Alcohol Safety Action Program (VASAP). This is an alcohol education and evaluation program designed to make an accurate evaluation of the driver's alcohol or drug use and help them get treatment or counseling as needed.
Below you will find a handy chart outlining Virginia's DUI laws.
Virginia DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent
|"Per Se" BAC Limit||0.08 Percent|
|Zero Tolerance (Underage) BAC Limit||0.02 Percent|
|Enhanced Penalty (Aggravated) BAC Limit||0.15 Percent|
|Implied Consent to Submit to BAC Test?||Yes|
Virginia DUI Laws: Select Penalties
|Minimum License Suspension or Revocation (1st, 2nd, 3rd offense)||1 year / 3 years / permanent|
|Mandatory Alcohol Education, Assessment and Treatment||Both|
|Vehicle Confiscation Possible?||Yes|
|Ignition Interlock Device Possible?||Yes|
Virginia DUI Resources:
- DUI Statute: Driving while Intoxicated (Va. Code 18.2-266).
- Drinking and Driving - Facts and tips about avoiding the dangers of DUI offenses (Virginia Dept. of Motor Vehicles).
- Virginia Alcohol Safety Action Program - Virginia's alcohol education and treatment system (V.A.S.A.P.).
- Virginia Six Point Violations - List of violations which earn a six point penalty against Virginia licenses (Virginia Dept. of Motor Vehicles).
Charged with a DUI in Virginia? An Attorney Can Help You
Drinking. Driving. Arrested. Charged. If this has happened to you, you likely need the help of a legal expert. A Virginia DUI conviction entails harsh penalties and repercussions. A good first step in understanding if you can fight your case is to speak with an experienced Virginia DUI attorney in your neck of the woods.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.