What Is DUI Law and What Are the Penalties and Punishment in Virginia

Every state across the United States has laws and regulations that prohibit driving under the influence, known as DUI. Even a small accusation of DUI comes with severe penalties and fines.

The three crucial elements that will drive your DUI case are:

  • evidence of poor driving,
  • performance on the field sobriety test, and
  • your breathing or blood test results.

A driver is admitted to be driving under the influence (DUI) when the person has a blood alcohol level greater than or equal to 0.08%. DUI cases can be quite troublesome and challenging to defend since the Commonwealth of Virginia has significantly strict DUI laws, as well as highly accurate and sophisticated devices to assess and evaluate blood alcohol levels. A DUI charge in Virginia is a minor class offense and is punishable by one year in jail, 12 months suspended the license and a $ 2,500.00 fine. Monetary charges and penalties may change based on the driver’s level of intoxication as well as past DUI charges. You can also accuse a person of driving under the influence of drugs, both with a prescription and with illegal drugs.

Conviction for a first DUI offense:

  • Minimum mandatory fine $ 250,
  • Revocation of the license for one year.

Conviction for a second DUI offense:

  • Minimum mandatory fine $ 500,
  • Revocation of the license for three years.
  • Possible time in jail for up to one year.

Second conviction for DUI infringement within ten years:

  • Mandatory minimum time in jail for ten days

Second conviction for a DUI infringement within ten years:

  • Mandatory time in jail for a minimum of 20 days

DUI conviction for a third offense

  • Minimum fine $1,000,
  • Indefinite revocation of the driver’s license, and
  • Tax prosecution as a class six felony

DUI conviction for a third offense within the duration of 5 years:

  • Minimum incarceration time for a minimum of 6 months

DUI Conviction for a third time in ten years:

  • Minimum incarceration time for a minimum of 90 days
  • Permanent confiscation of your auto vehicle (in case you are its the sole owner)

Three DUI convictions in ten years:

  • Indefinite revocation of driver’s license

Also, when your driving right or privilege is revoked due to a first or second DUI conviction as well as you obtain another DUI, then the revocation period of the license will eventually continue consecutively with the present revocation period.

DUI conviction for a fourth or subsequent infraction within ten years:

  • Minimum incarceration time one year,

BAC of (0.15-0.20 at the time of arrest for DUI):
First offense:

  • Mandatory minimum time in jail for five days besides other sanctions

Second infraction within ten years:

  • Mandatory minimum time in jail for ten days besides other sanctions

BAC of 0.20% or more at the instance of arrest:
First offense:

  • Mandatory time in jail for 10 days, plus other sanctions

Second infraction:

  • Mandatory time in jail for 20 days, plus other sanctions

Considering the consequences of being charged with a DUI, the experience can be embarrassing, frightening and confusing. Thus, finding the right legal representation as soon as possible is key to understanding your case, defending your rights, and get the best outcome possible.