Do you go to jail for DUI in Virginia?
You are in violation of Virginia Code § 18.2-266 when you drive or operate a motor vehicle in Virginia while your blood alcohol concentration (BAC) level is 0.08 percent or higher. A first offense DUI in Virginia could include a fine of up to $2,500, a license suspension of up to 12 months, and a jail sentence of up to 12 months.
Call our office today at (757) 509-7832 for a free consultation on a DUI charge.
If you are charged with a violation under 18.2-266, Virginia courts will officially use the term “driving while intoxicated” (DWI) on your paperwork rather than “driving under the influence” (DUI). Many lawyers, however, use both terms interchangeably for offenders who are intoxicated or drugged while driving. DUID is sometimes heard, standing for driving under the influence of drugs.
Is DUI in Virginia a felony or misdemeanor?
DUI or DWI is a class 1 misdemeanor under Virginia Code § 18.2-266. This makes it the highest degree of misdemeanor in the state. It will leave a lasting mark on your criminal record if you are convicted. A misdemeanor is ordinarily for a first conviction. A third offense can be charged as a felony.
Besides this DUI conviction, you will have to participate in the Virginia Alcohol Safety Action Program or VASAP. The VASAP program will cost you $250 to $300. This is a mandatory requirement. You must submit to an alcohol and drug evaluation before participating. Based on the results of this evaluation, the Program may include treatment or attending 20 hours of drug and alcohol classes.
What happens when you get a DUI in Virginia?
The typical penalties for a first-time offender in Virginia include fines, suspension of your driver’s license, probation, and jail time. Your penalties will be decided by your blood alcohol concentration (BAC) level. A DUI is regarded as a first offense if you have no previous DUI convictions within the past ten years.
If the BAC is at least .15% but less than .20%, there is a mandatory minimum jail time of five days before you become eligible for probation. A BAC of .20% or more will include mandatory time in jail for at least ten days before you are released on probation. If your offense involves driving with passengers below 18 years of age, your penalty will include an additional five days mandatory minimum on top of the required jail sentence.
What are the penalties for a DWI in Virginia?
Fines range from $250 to $2,500, as well as court costs, on a first DUI conviction. An additional $500 to $1,000 fine will be tacked on if you had a passenger under 18 years old. And the VASAP charge will be on top of all of this.
Is your license suspended immediately after a DUI?
A Virginia DUI can lead to various impacts on your driver’s license, starting with the license’s seven-day immediate suspension for a first offense. A second offense will result in a 60-day license suspension. A DUI conviction carries a one-year license suspension apart from the seven-day suspension.
Your enrollment in or completion of the Virginia Alcohol Safety Action Program will make you eligible for a restricted license. This license allows you to drive to and from work, school, and medical treatments during your suspension period. The license mandates an ignition interlock device (IID) on all vehicles you drive. You must keep the IID inside your vehicles for at least six months without violation of restrictions.
Contact a DUI attorney
Pick a designated driver beforehand who will stay sober If you are going to drink. If a designated driver won’t be available, get a taxi, arrange for ride sharing, call a friend, or use a public transportation.
If you do get arrested for a DUI in Virginia, contact a local DUI attorney for assistance. The law firm of Holcomb Law, P.C. can help if you need attorneys dedicated to your case and who will personally address your defense. Contact our office today at (757) 509-7832 for a free consultation.
