Dedicated Criminal Defense for Fairfax County and Virginia Statewide
Photo Of Bill R. Hicks

A look at DUI penalties in Virginia

On Behalf of | Jun 20, 2022 | DUI |

A person found guilty of a DUI in Virginia faces a complex range of possible consequences. The actual sentencing depends upon several factors, most relating to the individual’s driving record and the level of intoxication.

The age of the convicted person does not determine the type and severity of the penalty for a DUI. However, drivers under the age of 21 have a lower blood alcohol content limit.

A first-time conviction of a DUI

According to information from the Virginia Department of Motor Vehicles, a blood alcohol level of .08 percent or higher meets the legal requirements for driving under the influence. A first-time conviction carries a mandatory $250 fine and the revocation of the person’s driver’s license for one year.

Individuals younger than 21 or younger receive the same penalties for a DUI first offense when their BAC is .08 or higher. In addition, underage drivers with a BAC of .02 up to .08 percent will lose their license for one year and will either have to pay a minimum mandatory fine of $500 or undergo 50 hours of community service.

If the person’s BAC falls between 0.15 percent and 0.20 percent, the penalty also includes a five-day jail term. A BAC of over 0.20 percent calls for a mandatory 10-day jail term.

Subsequent DUI convictions

Penalties grow progressively more severe with each DUI conviction. A second charge could result in a minimum mandatory $500 fine, a license revocation of three years and a possible jail term of up to one year. If the second offense occurs within either five or 10 years, the minimum mandatory jail time could increase.

Additional DUI convictions result in harsher punishments. Other factors such as DUI accidents also impact penalties and loss of rights under the law.