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Common Sense for Virginia Drivers: Think Hard Before Having That Drink

Under current Virginia law, arrest for driving under the influence (DUI) will result in an immediate administrative suspension of the person’s driver’s license for 7 days (60 days if the charge is for a second offense). A first conviction of driving while impaired by alcohol or drugs, or having a Blood Alcohol Concentration (BAC) of 0.08 or higher, is a Class 1 misdemeanor, a crime punishable by up to a year in jail and a fine of up to $2,500.00. That is in addition to suspension of the driver’s license for one year. First offenders may, at the court’s discretion, receive a restricted license permitting them very limited driving privileges in exchange for successful completion of a state alcohol safety awareness program, for which the offender must pay. In addition, all will find that the cost of car insurance will increase after a DUI conviction, and many offenders will see their insurance cancelled.

The punishments are harsher depending upon the amount of alcohol present, and the number of convictions within a given time-frame. For instance, if the BAC is above 0.15, the penalty is a mandatory minimum of 5 days in jail; 10 days if the BAC is 0.20 or higher. Subsequent convictions within a 10-year period of the first increase the amounts of the minimum fines that must be imposed, and provide for mandatory minimum jail sentences of up to 6 months. Some offenders with either multiple convictions or higher BAC levels face longer mandatory jail terms, longer license suspension periods, and special conditions for obtaining restricted licenses.

If the offender is under 21 years old -- the minimum age that one can legally consume alcohol in Virginia -- a BAC reading of 0.02 will justify an arrest for underage DUI. Even when the BAC is below 0.08, upon conviction, the person’s license will be suspended for a period of 6 months. If the BAC is 0.08 or higher, the penalties are the same as set forth above.

Be aware that Virginia is among the states the National Highway Traffic Safety Administration (NHTSA) ranks highly for enforcing DUI laws. This offense is taken very seriously by the officers enforcing the law, by the Commonwealth’s Attorneys who prosecute violators, and by the judges who try the cases. If you are not sure if you have had too much to drink before starting your car—DON’T!

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