The following abbreviated chapter is from the book: DUI/DWI Virginia Arrest Survival Guide – The Guilt Myth Coauthored by Michael C. Tillotson & Robert Battle, Virginia DUI Defense Lawyers.
Virginia DUI Penalties
Caution: DUI Laws change every year. This is the law as of July 2007. Check with an attorney before relying on this book for the current status of the law.
Administrative License Suspension (ALS)
For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for 7 days if your BAC is 0.08 percent or higher.
For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, whichever comes first.
For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial.
Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.
First Offense – Penalties
i) BAC .20
If the BAC level was more than 0.20, he shall be confined in jail for a mandatory minimum period of 10 days.
License Suspension
License revoked for 1 year. Eligible for immediate Restricted Operator’s License. Ignition Interlock required for BAC of .15 or above.
Second Offense – Penalties
A) Committed within less than 5 years from a prior offense
• Minimum $500 fine
• Confinement in Jail for one month to one year. 20 day mandatory minimum jail sentence.
• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.
B) Committed within 5 to 10 years from a prior offense
• Minimum $500 fine
• Confinement in Jail for one month to one year. 10 day mandatory minimum jail sentence.
• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.
License Suspension
License revoked for 3 years.
• 2nd conviction within 5 years- eligible for Restricted Operator’s License after 1 year. Ignition Interlock required for Restricted OL.
• 2nd conviction within 5-10 years- eligible for Restricted Operator’s License after 4 months. Ignition Interlock required for Restricted OL.
Third Offense – Penalties
A) All 3 committed within 5 years period
• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.
• Mandatory minimum jail sentence of 6 months
• Mandatory minimum fine of $1,000.
B) All 3 committed more than 5 years and up to 10 year period
• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.
• Mandatory minimum jail sentence of 90 days.
• Mandatory minimum fine of $1,000.
License Suspension
License revoked indefinitely.
Fourth Offense in 10 Years – Penalties
Class 6 Felony with mandatory minimum 1 year imprisonment and mandatory minimum $1,000 fine.
License Suspension
License revoked indefinitely.
Transporting Children While Under the Influence
Conviction of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle at the time of the offense carries an additional mandatory five-day jail term in addition to all other fines and jail sentences. You may also be assessed an additional fine of at least $500 and up to $1,000.
A second DUI offense with a juvenile (age 17 or younger) in the vehicle carries an additional 80-hour community service requirement in addition to all other fines and jail sentences.
Multiple Offenders and the Trauma Center Fund
Virginia also requires anyone has been previously been convicted of DUI/DWI in any state to pay $50 to the Trauma Center Fund to subsidize the cost of emergency medical care to accident victims in alcohol or drug use car crashes.
Virginia Alcohol Safety Action Program (ASAP)
If convicted under Va. §18.2-266 (DUI/DWI statute) or Va. §46.2-341.24 (DUI/DWI of a commercial vehicle), Virginia statute requires enrollment in ASAP. This course costs between $250 and $300. The program is 20 hours long and focuses on substance abuse and driving, substance abuse and health, and self-evaluation of potential for substance abuse.
Ignition Interlock Program
Virginia requires that anyone convicted of a second DUI or anyone that has a BAC greater than .15 for their first DUI have an ignition interlock system installed. This system records the drivers BAC via breath test each time the car is started. It also requires that the driver blow into the breath analyzer every 5-20 minutes.
Restricted Operator’s License
There is a great deal of discussion and confusion about when and for what purposes a judge may issue a Restricted Operator’s License to someone who has had his license suspended or revoked for DUI. Whenever a person enters a certified Alcohol Safety Action Program pursuant to the Virginia Code, and such person’s license to operate a motor vehicle, engine or train in the Commonwealth has been suspended or revoked, the court may, in its discretion and for good cause shown, provide that such person be issued a restricted permit to operate a motor vehicle for any of the following purposes and only for the following purposes: (i) travel to and from his place of employment; (ii) travel to and from an alcohol rehabilitation or safety action program; (iii) travel during the hours of such person’s employment if the operation of a motor vehicle is a necessary incident of such employment; (iv) travel to and from school if such person is a student, upon proper written verification to the court that such person is enrolled in a continuing program of education; (v) travel for health care services, including medically necessary transportation of an elderly parent or, as designated by the court, any person residing in the person’s household with a serious medical problem upon written verification of need by a licensed health professional; (vi) travel necessary to transport a minor child under the care of such person to and from school, day care, and facilities housing medical service providers; (vii) travel to and from court-ordered visitation with a child of such person; (viii) travel to a screening, evaluation and education program ordered by the Court; or (ix) travel to and from court appearances in which he is a subpoenaed witness or a party and appointments with his probation officer and to and from any programs required by the court or as a condition of probation.
No Restricted License for CDL!
No restricted license issued pursuant to this subsection shall permit any person to operate a commercial motor vehicle as defined in the Virginia Commercial Driver’s License Act.
The court shall order the surrender of such person’s license to operate a motor vehicle and shall forward to the Commissioner of the Department of Motor Vehicles a copy of its order entered pursuant to this subsection, which shall specifically enumerate the restrictions imposed and contain such information regarding the person to whom such a permit is issued as is reasonably necessary to identify such person. The court provides the person with a copy of its order granting a restricted license. A person may operate a motor vehicle with the order until he receives his restricted license from the Commissioner of the Department of Motor Vehicles. Such restricted license shall be conditioned upon enrollment within 15 days in, and successful completion of, a certified Alcohol Safety Action Program. A copy of the court order and, the restricted license, once received, shall be carried at all times while operating a motor vehicle.
Any person who operates a motor vehicle in violation of any restrictions imposed pursuant to this section shall be guilty of a violation of § 18.2-272, “Driving after forfeiture of license.” Regardless of compliance with any other restrictions on the privilege to drive or operate a motor vehicle, it shall be a violation of this section to drive or operate a motor vehicle with a blood alcohol content of 0.02 percent or more..
No immediate Restricted License if Prior DUI Convictions
• No restricted license shall be issued during the first four months of a revocation for a second DUI offense committed within 10 years of a first such offense.
• No restricted license shall be issued during the first year of a revocation imposed pursuant to a second DUI offense committed within five years of a first such offense.
• No restricted license shall be issued during any revocation period imposed pursuant to a third or subsequent DUI offense committed within ten years of two prior DUI convictions.
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If you have been charged with a DUI contact Michael C. Tillotson – DUI Defense Attorney in Virginia. Office 757.969.5197 http://www.VaDWIDefenders.com or email at info@vaduilawyer.org
