Drunk Driving Laws in Virginia

December 04, 2010

Drunk Drivers in Virginia will face severe consequences if convicted, and the laws get tougher every year. From license suspension to jail time, a wide range of civil and criminal punishments are possible. For those who are repeat offenders, the penalties increase substantially. Prosecutors are under increasing pressure to remove drunk drivers from roadways, and will handle DUI cases aggressively. While the state has specific punishments in place, there are additional consequences for being convicted of a DUI. If you have been charged with a DUI, an experienced attorney can explain the effect a conviction will have on your life.

DUI is a serious problem in Virginia. According to the state police, 95 people were killed in DUI-related crashes in 2009. There are several different DUI offenses and punishments, depending upon the facts of the case. Drivers who operate a motor vehicle under the influence of alcohol or drugs in the system can be charged with driving under the influence. Any driver, whether Virginia licensed or licensed out-of-state has given implied consent to submit to a blood or breath test to determine the level of drugs or alcohol present simply by driving of a Virginia Highway. In addition, drivers may have their license administratively suspended by the Department of Motor Vehicles prior to trial.

First-Time DUI Offenders

For first-time offenders with BAC levels less than .15, punishments range from a between a $250 to $2500 fine along with statutory license revocation for one year. For those with BACs .15 to .20, the penalties also include a mandatory-minimum of five days in jail, as well as installation of an ignition device. For drivers with BACs .20 or above, there is a mandatory-minimum 10-day jail sentence, as well as the installation of an ignition interlock device.

Past Convictions - Timing Matters

For those convicted of additional drunk driving offenses, the timing of past convictions will play a role in determining what penalties will result. For second offenses that occurred more than 10 years after the first offense, drivers face a mandatory-minimum fine of $500, as well as license revocation for three years and up to one year in jail. For those offenders having a second DUI conviction within 10 years, there is a mandatory-minimum sentence of 10 days in jail as well as a license revocation. If the offense occurs within five years of the first offense, punishments will include a mandatory-minimum sentence of 20 days in jail as well as a license revocation. Those convicted of second offenses within five or 10 years will also be required to install an ignition interlock device on any vehicle they own.

Penalties also increase for those convicted of a third or subsequent offenses, which are punished as a Class 6 felony in Virginia. For drivers convicted of a third DUI offense, punishments include mandatory jail, a mandatory-minimum $1,000 fine as well as an indefinite license suspension. If all of the offenses occurred within a 10-year period, a mandatory-minimum jail sentence of 90 days will be imposed. If all of the convictions happened in a five-year time period, the jail term will increase to a mandatory-minimum sentence of six months as well as a mandatory minimum $1000 fine.

For those who make their living driving, a DUI can have a catastrophic effect on their lives. Strict rules are in place for those with a commercial driver's license. Drivers of commercial vehicles are not allowed to have any alcohol present in their system. If they test .04 or higher, they can be facing DUI charges. Punishments will vary in severity depending upon the number of DUI convictions. Those convicted may have difficulty keeping their job or finding new employment, as many insurers and employers are simply not willing to take the risk of being responsible for a driver with a DUI conviction.

All DUI offenses are reported as crimes offenses, and any arrest will appear on your criminal record. Those convicted will also have to attend the Virginia Alcohol Safety Action Program (VASAP) in order to get a restricted license and eventually a restoration of their driving privileges. If there are passengers present in the vehicle who are 17 or younger, intoxicated drivers may face additional fines and jail time. If an injury or death results due to intoxicated drivers, the penalties increase substantially, with significant jail time a certainty. For intoxicated drivers under age 21, they may receive a DUI if their BAC is .02 or higher.

Collateral Consequences of DUI

While the state has mandatory minimum penalties that will be imposed to those convicted of a DUI, additional punishments may be facing intoxicated drivers. For instance, those who have one or more DUIs on their record may have increased insurance rates, or be forced to carry special high-risk insurance for specific period of time. They may also have difficulty getting their license back, depending upon the facts of their case.

In Virginia, there are many government employees or contractors who require security clearances. Repeat DUIs or other crimes involving alcohol could display a pattern that demonstrates a lack of trustworthiness or dependence upon alcohol. For those applying for employment requiring such clearances, these crimes could ruin their chances. For those who currently holding such clearances, the government could decide to remove their security clearance status, greatly impacting their livelihoods.

Making Decisions that Think Ahead

Virginia drivers facing DUI charges need to know the potential consequences of their actions. Drivers need to make the best decisions for their situations, and an experienced attorney can help them learn about the options available in their area. With each conviction potentially increasing the penalties they are facing, it is important to know how this will impact their lives in the long-term.

Article provided by Weimer & Boyce Lawyers
Visit us at www.weimerboyce.com