Virginia DUI Laws
Driving under the influence (commonly referred to as DUI) is a class 1 misdemeanor in the Commonwealth of Virginia. This is the most serious of all misdemeanor classes, with the punishments ranging from up to one year in jail, a $2,500 fine, and driver's license suspension for up to one year.
DUI is extremely complicated, with the statutes taking up 42 pages of the Virginia Code. If you have been arrested for drunk driving, it is imperative that you find a qualified attorney to help you fight your charges and avoid the serious penalties.
In Virginia, you are considered to be under the influence if your blood alcohol content (BAC) is .08 percent or higher while operating a motor vehicle, boat, or watercraft. Even if your BAC is under this level, you may be arrested for DUI if your ability to drive is impaired. If your ability to operate a motor vehicle is affected because you are under the influence of any drug (whether illegal, prescription, or over-the-counter), you will face the same penalties as if you were driving under the influence of alcohol.
Due to Virginia's Zero Tolerance laws, it is illegal for drivers under the age of 21 to have a BAC of .02 percent or higher. If the driver is convicted, he or she will receive a fine of up to $500 and his or her driver's license will be suspended for six months.
Besides facing criminal charges, drivers are also subject to administrative penalties. Your driver's license will be automatically revoked by the arresting law enforcement agent if your BAC is .08 percent or if you refuse to submit to a chemical test.
You will also be subject to mandatory jail time and higher fines if you have had a prior DUI, you were transporting a minor at the time of your arrest, or you had an extremely high BAC. In addition, drivers with a BAC of .15 percent or higher will be required to install an ignition interlock device in their vehicle.
If you or a loved one is facing a DUI conviction, contact Tillotson Law. Our attorneys have years of experience in successfully handling cases like yours. For more information, or a free, no obligation case evaluation, fill out our online form now.
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