Did you know that in 2011 alone, there were more than 200 alcohol-related fatal crashes in Virginia? That means there were over 200 drunk driving accidents that caused people to die. Those people were parents, sisters, brothers, wives, husbands, and children.
It’s no surprise that VA cracks down on drunk driving as hard as the rest of the country.
Virginia refers to drunk driving as driving under the influence, or DUI. Like all states, VA measures DUI by your blood alcohol concentration(BAC), and those BAC percentages are based on age and license type.
If an officer pulls you over and your BAC is the following percentage or higher, he will arrest you for DUI:
If you think alcohol-related crimes are only DUI charges, think again. Virginia has a slew of alcohol- and drug-related crimes that can cost you money, freedom, and your license.
Such drug and alcohol crimes include:
Refer to the state’s online pamphlet Virginia is Tough for a complete run down of each of these crimes’ penalties.
If you’re younger than 21 years old and purchase, possess, or consume alcohol (to the point of a 0.02% BAC), you face the following consequences:
Virginia DUI penalties for drivers 21 years old or older vary depending on the offense number, the time period, and higher BACs.
First Offense
Second Offense
Third Offense
Fourth Offense
These penalties are in addition to the penalties outlined above.
BAC of At Least 0.15%
BAC Higher than 0.20%
If you’re charged with a Virginia DUI offense and have a minor (someone 17 years old or younger) in the vehicle, not only are you responsible for all the regular DUI penalties, but you’re also subject to:
If you kill another person while driving under the influence, the court will convict you of involuntary manslaughter or aggravated involuntary manslaughter, depending on the circumstances.
These convictions carry:
You face DUI penalties if you:
Such penalties include:
Your CDL disqualification won’t necessarily affect your regular driver’s license.
The Federal Motor Carrier Safety Administration (FMCSA) handles all regulations and penalties associated with commercial vehicle drivers throughout the country.
Visit the FMCSA’s Disqualification of Drivers for specific information.
Virginia is one of many states which have civil penalties for failing or refusing a chemical test. This penalty, known as Administrative License Suspension, means that if you refuse or fail a chemical test your driver’s license will be automatically suspended by the Department of Motor Vehicles. How long your license is suspended depends on the number of prior offenses.
A DUI conviction will add driver’s suspension time on top of the Administrative License Suspension. Additionally, if the court does not make an Ignition Interlock Device a requirement when you are permitted to drive, the DMV will. This is true of even a 1st offense DUI.
It does not pay to refuse a breath test.
A first offense brings license suspension for 1 year (in addition to any other suspension periods)―and that’s assuming you don’t have any previous DUI convictions.
If this is a:
Everyone who gets a DUI conviction must report to an Alcohol Safety Action Program (ASAP). ASAP is VA’s DUI program, and during the initial visit drivers receive a screening and probationary oversight for license reinstatement.
During this period, the ASAP professionals will determine which, if any, education, intervention, and treatment programs are necessary.
If ASAP assigns you to an education program, the number and duration of classes will depend on the program; you will, however, pay out of your own pocket.
Visit the Virginia Alcohol Safety Action Program online to learn more about your specific requirements and how to locate the nearest ASAP office.
The courts and VA DMV require everyone with a DUI conviction to have an ignition interlock device (IID) as part of their restricted driving privileges (see below) and journey toward restoring full driving privileges.
Here’s what you need to know about IID requirements:
You’ll most likely keep the IID for a minimum of 6 months (during which you can have no alcohol-related incidents), and you’re in charge of paying the $20 fee.
Also, IIDs come along with an ASAP, so you must complete the ASAP Pre-Enrollment and Ignition Interlock Pre-Qualification Form.
Please refer to the state’s Virginia is Tough pamphlet for more details on IIDs and violation penalties.
Virginia requires drivers with DUI convictions to file an FR-44 Financial Responsibility Certification; as such, you’ll have to carry coverage much higher than the usual policy requirements.
Once you’re able to carry regular car insurance again, you might have some trouble finding affordable rates. Lots of auto coverage carriers hike up costs for people with DUIs on their driving records, or steer clear of them altogether.
Once it’s time to renew your policy, consider comparing rates from several different carriers to make sure you get the best coverage at the best price possible.
DUI arrests lead to court appearances, and appearing in court on a DUI charge without legal representation isn’t a smart move.
At the least, you’re looking at fines and restitution, a license suspension, and a DUI school; at the most, a jail sentence and even the loss of your vehicle.
For your own protection, start the search for a Virginia DUI lawyer as soon after your arrest as possible, and consider these tips:
Generally, you don’t apply for a restricted license, per se. Rather, your judge will grant you restricted driving privileges at the time of conviction.
Your judge can do this for most DUI convictions, regardless of offense number or time period; however, there are no restricted driving privileges for commercial drivers.
Making sure you’re granted restricted driving privileges is just another reason to hire a DUI attorney.
Reinstating your Virginia driver’s license is no easy feat, but it’s pretty straightforward.
You’ll need to provide the court or DMV proof that you’ve:
You may also need to apply for your driver’s license again, meaning you’ll have to take the written, driving, and perhaps vision tests over.
Although you can pay some fees online, you must visit the DMV to reinstate your license. Be prepared to:
For more license reinstatement information specific to your case, contact the Department of Motor Vehicles.