What Are The Penalties For Drinking And Driving In The State Of Virginia
Blood alcohol content (BAC) can be checked for a breath, blood or urine test. Officers who pull over suspected drunk drivers usually use a breathalyzer for a faster result. In Virginia, anyone with a BAC of .08% or higher can be charged with a DUI. Drivers who are younger than 21 that have a BAC of .02% are considered to be under the influence.
Legal Consequences of a DUI Charge
Penalties may vary in Virginia depending on factors such as your BAC and whether or not you have had related charges in the past. Stricter standards apply if you are under the age of 21. Here is a breakdown of the consequences that come with first, second and third offenses:
• First Offense: First-time offenders are typically jailed for a maximum of 10 days and fined a minimum of $250. A driver’s license may be suspended for up to one year.
• Second Offense: If the second offense occurred within five years of the first, a person is jailed for a minimum of one month up to a maximum of one year. A mandatory minimum of 10 days in jail applies to people whose second DUI charge occurred between five and ten years of the first. The minimum penalty is $500. A driver’s license can be suspended indefinitely, but the suspension length is usually three years for a second DUI offense.
• Third Offense: A person may receive a jail sentence for up to six months if the third offense transpired within five years of the second and a sentence lasting 90 days for an offense that took place within 10 years of the prior charge. A minimum penalty of $1,000 is also imposed. Also to an indefinite suspension of a license, an offender will also be accused of a felony and may be subject to a vehicle seizure and forfeiture.
The Law Office of David A.C. Long can assist you if you have been charged with a DUI in Richmond, Virginia. You will have the opportunity to be represented by a lawyer who will make sure all laws were followed by authorities during your arrest and that none of your rights was ever violated. All efforts will be made to have your charges reduced or possibly dismissed. Call now to schedule a consultation.