Virginia DUI Penalties

The penalties for driving drunk in the state of Virginia can be serious, making it very important to understand the overall complexities of the state’s DUI law. First of all, an individual can be charged and prosecuted for a DUI under one of two legal theories.

The first legal theory states, that an individual under the influences of an intoxicant is mentally and physically impaired and thus not fit to drive. However, the second legal theory focuses on the “per se” law. The “per se” law states that an individual with a blood alcohol content (BAC) of .08 percent or higher is technically intoxicated (though he or she may not show it) and therefore is mentally and physically impaired.

Furthermore, a DUI conviction will trigger two separate prosecutions. The first is a criminal case, where the defendant may face such penalties as imprisonment, fines, and the temporary suspension of their driving privileges, as well as the need to attend alcohol education classes. The second case, though, is somewhat different. It is a state of Virginia Department of Motor Vehicles hearing that will mostly likely take action against the offender’s driving privileges (the penalties from this hearing will be in addition to the penalties decided upon by the first hearing).

Penalties for a DUI in Virginia

A first time DUI offense is seen as a Class 1 misdemeanor, which may result in a number of penalties ranging from a fine of $2,500, imprisonment for up to one year, and the temporary suspension of the offender’s driving privileges for up to one year. A second conviction within 10 years of the first offense may result in a mandatory minimum jail sentence of ten days. Furthermore, a third DUI offense within 5 years will result in a 20-day minimum jail sentence, while the same offense within 10 years will result in a minimum sentence of six months.

While the penalties for a DUI in Virginia may seem daunting, a skilled DUI defense lawyer can offer some hope by lessening the severity of the overall penalties. Therefore, if you are convicted of a DUI in the state of Virginia, it is strongly advised that you contact a DUI defense lawyer immediately.