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Virginia DUI/DWI Laws

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Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .15 and .20
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – None
  • Ignition Interlock – Mandatory for all convictions, device must include a camera
  • Vehicle and License Plate Sanctions – Yes – Vehicle confiscation

General State Information

  • State Penal Code – VA Title 18.2, Chapter 7, Section 18.2-266
  • Open Container Laws – None
  • Repeat Offender Laws – Yes
  • Check Points – Yes – weekly
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Virginia are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

  • In Virginia the lookback period is 10 years
  • Any arrest for DUI/DWI within 10 years of your first offense results in higher penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • $250 fine (minimum)

 

2nd Offense

  • $500 fine (minimum)

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

  • If your BAC is between .15% – .20%, you will serve a mandatory minimum 5 days in jail for a first offense, or 10 days if your BAC is above .20%
  • For a second offense, these numbers rise to 10 days for .15% – .20%, and 20 days for BAC above .20%
  • These are mandatory minimum sentences, these may increase based on the circumstances of your case

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • The BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL

SR-22 Insurance Requirements

  • SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
  • Most, but not all states have SR-22 statutes
  • In Virginia an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
  • You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
  • Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

*Virginia has an extra form called an FR-44 that is required for very serious offenses. An FR-44 is a certificate issued by your insurance company that assures the state that your policy is well above the minimum required by an SR-22

Wet Reckless

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Virginia does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved