Arrested for drunk driving in Virginia (VA) – Drunk Drivers (2024)

FAQs

Arrested for drunk driving in Virginia (VA) – Drunk Drivers? ›

For example, even a first offense could result in a Class 1 misdemeanor sentence, up to twelve months in jail, up to a $2,500 fine, a seven-day suspension of your driver's license immediately after your arrest (and a separate one-year suspension if convicted), and forced enrollment in the Alcohol Safety Action Program ...

What happens immediately after a Virginia DUI arrest is that an individual is taken by the police to either the local jail, the local police station or wherever the closest breathalyzer test is available to them. Once they are there, they begin the process of submitting a breath test for the government.

On July 1, 2020, legislation passed that changed the way that first-time DUIs are treated in Virginia. Whereas before a conviction would lead to a license suspension or, at best, the issuing of a limited license that severely restricted opportunities, the new law allows those convicted of a DUI to use an IID instead.

A DUI, even for a first offense, is a serious matter in Virginia. The maximum penalties are very severe and although rarely ever imposed, allow for one year in jail and a maximum fine of $2500.

In Virginia, the 3 Hour Rule applies to the time between driving and arrest. In order to trigger Virginia's DUI / DWI Implied Consent law, a motorist must be arrested within 3 hours of operating the vehicle, and as long as that happens, it doesn't matter when the motorist is finally tested.

It is seven days administrative suspension if a person is charged with a first offense, 60 days administrative suspension if charged with a second offense, and their license is administratively suspended without the ability to drive for any reason until the trial date if they are charged with a third offense.

Some of the consequences of a second-offense conviction are mandatory, while others are at the court's discretion. The mandatory consequences of a Virginia DUI second offense conviction include: Minimum $500 fine. Driver's license revocation for three years.

In Virginia, a DWI conviction remains on the driver's criminal record permanently. It stays on the driver's Department of Motor Vehicles (DMV) record for 11 years from the conviction date. While the DWI is still attached to the driver's DMV record, it is visible to anyone who requests it.

The criminal penalties for a DUI do not matter based on where the person lives. As far as the Commonwealth is concerned, if you were arrested for a crime in Virginia, you will be charged in Virginia. The criminal penalties are not based on the state where the individual's drivers license is located.

Which is worse, DWI or DUI in Virginia? ›

DWI generally refers to Driving While Intoxicated and DUI generally refers to Driving Under the Influence. While some states place a difference between these two terms and make one less serious than the other, Virginia does not. There is no difference between DUI and DWI in Virginia; the terms are used interchangeably.

If a person is convicted of a first-offense DUI they will be facing a 12-month loss of license following a first-offense DUI in Virginia. The person will also be required to complete ASAP, which is the Alcohol Safety Action Program. Lastly, there is a fine of generally $300 to $500.

Reducing DUI Charges in Virginia

In a plea bargain, the offender pleads guilty or "no content" in exchange for reduced penalties. First-time DUI offenders may be able to get a DUI charge reduced to a reckless driving charge (frequently called a 'wet reckless') by working with the prosecution.

However, even if it is the first offense, if a person's BAC is 0.15 or higher, they are looking at mandatory minimum jail time. If the BAC is between 0.15 and 0.20, it is five days in jail mandatory minimum. If the BAC is 0.21 or higher, it is a period of 10 days of mandatory minimum jail time.

Your car may be towed if there is no one capable of driving your vehicle home. During an arrest, the police may book you into custody, including taking fingerprints and a mug shot. The police will also generally take away your driver's license unless you have an out of state license.

The Commonwealth of Virginia aggressively prosecutes individuals charged with DUI. While any first or second DUI offense is a misdemeanor, it can become a felony after the second conviction in certain situations.

According to Virginia State Code Section 18.2-270, you can face up to 12 months in jail and a fine of $250 to $2,500, for a first conviction, and up to one to five years in prison and a fine of at least $1,000, if convicted of involuntary manslaughter or maiming as a result of driving under the influence.