DUI Penalties and Consequences

When it comes to DUI penalties and consequences, each state offers its own guidelines and sentencing. While some states allow a first offense to be charged as a misdemeanor, others impose more serious penalties for convictions and when aggravating circumstances are present. Some states have mandatory minimum services, while others have penalties that vary depending on the case. This is just one of several reasons you should bring your DUI in Virginia case to a law firm with experience in traffic or criminal defense like Anthony Montagna.

DUI in Virginia

The police can stop you for DUI in Virginia if you are driving a motor vehicle, a moped on a highway, or a boat or other watercraft if they believe you are driving impaired. Driving under the influence does not mean only alcohol—it includes drugs. If the police find that your blood alcohol content (BAC) is 0.08 or higher, they can arrest you for DUI. If you are under 21 years of age, law enforcement can arrest you if your BAC is as low as 0.02.

However, in some cases, if the officer does not believe you can safely operate a vehicle and your BAC is lower than 0.08, they can also arrest you for DUI. If you are driving under the influence of alcohol or drugs and are in an accident, and the police have probable cause, they can arrest you for DUI up to three hours after the wreck. They do not need a warrant, and they can arrest you at any location.

Even if your BAC is not 0.08 and you have an open container in the passenger area, the police can arrest you for DUI if you show signs of drinking.

What is Probable Cause?

One of the jobs of law enforcement is to check for probable cause if they suspect you are driving under the influence. Some of the factors law enforcement uses to determine probable cause include:

• Fumbling with items
• Bloodshot eyes
• Drugs or drug paraphernalia
• Alcohol containers
• Belligerence
• Odors from alcohol or drugs
• Saying unusual things

DUI Penalties in Virginia

Getting a DUI is expensive, with fines and costs for them ranging from $500 to $2,500 depending upon the state, even for a first offense.

First DUI Offense

A first offense is considered a misdemeanor. The penalties for a first offense under Virginia DUI laws include:

• Mandatory minimum fine of $250. Fines may be up to $2,500.
• Driver’s license revocation for one year.
• Up to 12 months in jail.
• Participation in the Alcohol Safety Action Program (VASAP).
• A BAC of 0.15 up to 0.19 is five days in jail, while a BAC of 0.20 or higher is 10 days in jail.
• Administrative license suspension for seven days.
• An ignition interlock device is required.

Second DUI Offense

A second offense within five or ten years is also a misdemeanor. If you are arrested and convicted a second time, the penalties may include:

• Mandatory minimum $500 fine. Fines could be as high as $2,500.
• Driver’s license suspension for three years

• 20-day mandatory minimum jail sentence. If your BAC is 0.15 or higher, the mandatory minimum jail time is an additional 10 days. It is an additional 20 days if your BAC is higher than 0.20.

• An ignition interlock device is required for a minimum of six months. The maximum penalty is three years.

Third DUI Offense

A third DUI is a Class 6 felony. Penalties for a third offense include:

• One to five years in prison or up to a one-year jail term plus a fine of $2,500 for a third DUI in five years. If this is a third offense in 10 years, the jail term is a 90-day mandatory minimum sentence.

• A $1,000 fine, which is mandatory for a DUI within five years, is not mandatory if this is a third DUI in ten years.

• Six-month mandatory minimum jail sentence if this is a third DUI in five years.
• An ignition interlock device is required for at least six months.
• Your license is suspended indefinitely by the court and by the DMV for three years.
• Vehicle forfeiture if you are the sole owner of your vehicle.

Fourth or Subsequent DUI Offense

A fourth offense for DUI in 10 years is a felony offense. Penalties may include:

• A minimum one-year jail sentence. The maximum is five years.
• Indefinite license suspension.

If your BAC is 0.15 to 0.19, Virginia imposes a mandatory minimum jail term of five days in addition to other penalties. If your BAC is 0.20 or higher, the mandatory minimum jail term is 10 days.

Additional Penalties for a High BAC

If your BAC is higher than 0.08, you could see additional penalties, especially if your BAC is 0.15 or higher.

Ignition Interlock Device (IID)

A driver may also be required to have an ignition interlock device (IID), one of the most commonly used deterrents for repeat DUI offenses. In order to start the vehicle, the driver must blow into the device that operates similarly to a breathalyzer in that it detects the amount of alcohol in the driver’s system. If it detects a certain amount of alcohol in the driver’s system, the IID will keep the car engine from starting.

Drunk Driving with a Child in the Vehicle

If you are convicted of DUI and you had a person aged 17 or younger in the vehicle with you at the time of your arrest, you will receive an additional mandatory five days in jail in addition to the other jail sentences and fines.

If you are convicted of a second DUI with a juvenile in the vehicle, you will also have an 80-hour community service requirement in addition to the other penalties.

Refusing a Breath or Blood Test During a DUI Arrest in Virginia

When the police stop you for probable cause for driving under the influence, they can ask you to take a breathalyzer test. The breath test law enforcement gives you on the street is a preliminary test. You are not required to submit to this breath test, and it is not illegal to decline to take it. However, you will be arrested and will have to take the blood test to establish your BAC.

You are required to take this under Virginia’s implied consent law to submit to one of these two types of tests. The arresting officer must explain that the DUI at the police station is required and the penalties for refusing to take the test.

Penalties for refusing the breath test include:

• Automatic suspension of your driver’s license for one year with no possibility of a restricted license for a first offense in addition to penalties for the DUI. This is a civil offense.

• A second or third subsequent offense is a Class 1 misdemeanor. Penalties include license suspension for three years, possible jail sentence, and a large fine. You can still face a DUI conviction even without the results of the breath test or blood test.

Can You Refuse a Field Sobriety Test in Virginia

You can decline to take a field sobriety test in Virginia. These tests can hurt you if you are not at or over the legal limit, as law enforcement can use them to justify arresting you for DUI. The Commonwealth of Virginia does not have mandatory penalties for refusing field sobriety tests or roadside breath tests.

How is a Felony DUI Different From a Misdemeanor DUI?

The penalties are stiffer for a felony DUI than they are for a misdemeanor DUI. Third and subsequent DUIs are felony DUIs that come with at least 90 days in jail and having your driver’s license permanently revoked in addition to the other listed penalties.

Jail or Prison Time for a DUI

In many states, you will not have long imprisonment for a first-time offense because it is treated as a misdemeanor. Many jurisdictions require a minimum jail time of one to two days if you are convicted, but the most you will face in most first-offense DUI cases is six months in jail.

However, when there are aggravating circumstances like an excessively high blood-alcohol concentration (BAC) or a resulting car accident in which the victim was severely injured, many states will increase that jail or prison time. Subsequent DUI offenses generally mean longer sentences. In the case of a felony DUI, in which someone was killed or badly injured, you could face a prison sentence lasting several years.

License Suspension or Revocation

If you are convicted of DUI, all states have the possibility that your license will be suspended by the DMV of that state and/or by court order as part of your sentence. The length of this suspension will depend on your state. 90 days is a common term of suspension for a first-time offender, although some states will offer a restricted license that can be used to drive to work, school, and/or rehab during the period of suspension.

In some jurisdictions, drivers convicted of DUI have their licenses revoked. If you are pulled over and refuse to take a chemical test, your license may be suspended regardless of whether or not you are convicted.

Penalties for Minors Convicted of DUIs

Minors arrested for DUI may face the same penalties as an adult. Because the legal drinking age in most states is 21, a minor will likely be penalized for any amount of alcohol in his or her system. In some states, penalties for drivers under 21 are even more severe than for drivers over 21, and the driver’s license will likely be suspended in the case of conviction.

Insurance Penalties

As a result of a DUI conviction, you will likely face consequences from your auto insurance provider. They will probably take away safe driver discounts and require you to pay a higher rate or file as a high-risk driver. In extreme cases, the insurance provider will cancel your insurance policy, and you’ll have to find an insurer that specializes in providing high-risk insurance, which is much more expensive.

Reducing or Dismissing DUI Charges

An attorney can investigate your case to determine a legal defense and strategy to reduce your DUI charges or get them dismissed. Some strategies include:

• Ensuring the stop was a valid stop.
• Ensuring the law enforcement officer had probable cause to arrest you for DUI.
• Challenging the field sobriety tests if they were administered incorrectly.

• Challenging breath and blood tests if they were not accurate due to improper calibration or other reasons.

• Ensuring your constitutional rights were not violated.

How Long Does a DUI Stay On Your Driving Record in Virginia?

A criminal record for DUI in Virginia stays on your record forever, even a misdemeanor DUI. Employers, schools, landlords, and others who may pull your record will always see the DUI—and that can mean higher interest rates, denial of services, and more.

Additionally, Virginia adds the DUI to your Virginia DMV record. It can impact driving privileges and insurance coverage. It can also result in driving restrictions, even if you move to another state. The DUI will “fall off” your DMV transcript after 11 years.

How Many Driver’s License Points is a DUI in Virginia?

A Virginia DUI conviction adds six points to your driver’s license. These points will fall off in eleven years. Higher points can mean higher insurance rates. However, points add up. The six points mean a 90-day driver’s license suspension and additional fines. You may also be assessed a fine. If you have 8 total points, you will receive a warning letter from the DMV. However, if you rack up 12 or more points or two DUI charges within a year, the DMV can impose its own penalties on top of the court’s penalties, including requiring you to attend a driver improvement clinic.

DUI Treatment and Education

“A sentence for a DUI conviction often comes with alcohol abuse treatment and educational programs that the driver is required to take.” – Jon M.

This type of program may assess you for alcohol addiction. For a first offense, this is often coupled with probation and license suspension, or it may be combined with other requirements like community service and restitution for victims.

Alcohol Safety Action Program (VASAP)

If you are convicted of a first or second DUI, you must enroll in the Alcohol Safety Action Program for education and rehabilitation. The program is mandatory for obtaining a restricted license. The program focuses on substance abuse prevention and education related to DUI offenses. It includes classes and assessments. In some cases, it may include treatment to help you understand the consequences of driving under the influence and how to make better decisions.

Drive Responsibly

There’s nothing wrong with enjoying a drink or two with friends and loved ones, but make sure you or a loved one doesn’t end up with a DUI/DWI by following Anthony Montagna’s top tips for responsible driving.

• Always assign a designated driver. Choose one responsible person who you can trust to stay sober and hide others’ keys if needed.
• Keep the number of a cab company on hand. Call Black and White Cabs (757-855-4444) in Norfolk if things get out of hand and you’re left with no designated driver or use a rideshare app.
• Pace your alcohol intake by enjoying a glass of water between cocktails. Alcohol dehydrates, so remember to drink a lot of water.
• Eat plenty before and during a night of drinking. If you know you will be drinking a fair amount of alcohol in the evening, prepare throughout the day by eating healthy meals full of protein and good fats.
• If you are throwing a party, be sure to offer filling food and non-alcoholic options for guests. Readily available “mocktails,” as well as water, soda, and tea, will enhance the evening for designated drivers as well as those guests who choose not to drink.
• Keep an eye on friends and loved ones to help them stay safe. Never turn a blind eye to a friend with impaired judgment getting ready to drive themselves home.
• Know your limits. Most people have a pretty good sense of when they’ve had too much to drink, but remember, “buzzed” driving is still drunk driving. Check out this blood alcohol calculator to learn more about your legal limits and avoid getting charged with a DUI.
• Refrain from drinking altogether. It may seem simplistic, but this is the best choice for anyone looking to stay responsible on the road this season.

Seeking Legal Counsel

If you have been arrested for DUI, do not wait to contact an experienced DUI attorney. The legal process can be complex, especially if you have extenuating circumstances, such as an inaccurate breath test or law enforcement who violated your rights. An experienced DUI lawyer can help build a strong defense.

Why Work With Anthony Montagna

After a DUI arrest, an experienced DUI attorney can help you through the court process and advise you on what you need to do to reinstate your driver’s license. An experienced attorney can also put together a strategy based on your circumstances to reach the best possible outcome.

Testimonials

“We worked with Mr. Montagna, and he was amazing. He put us at ease, helped us get ready for court and we had a great outcome. He knows the law, the different judges, and how it all runs. Give him a call!” – Chris H.

Facing a DUI Charge? Get Legal Help Today.

If you do find yourself charged with a DUI despite your best safety efforts, call the Virginia DUI defense lawyers at Anthony Montagna. We have a strong history of finding fair treatment for our DUI clients. Call us today at 757-625-3500 or contact us online.