If you’re driving on Virginia roads, you likely know this state is tough on drunk drivers. As a result, drunk driving deaths have fallen by 28% since 1992.

As encouraging as this statistic may be, it won’t do much to soothe you if you end up getting a DUI charge. Even if this is your first offense, you may still face fines, license revocation, and even potential jail time.

Want to know more about the consequences of getting a DUI in Virginia? Read on to learn about the potential DUI penalties and how to recover from them!

Understanding DUI Charges in Virginia

First things first: what is a DUI? This is short for “driving under the influence,” and it’s a criminal charge in all 50 states, including Virginia.

Some people confuse DUI with DWI, or “driving while intoxicated.” Virginia law doesn’t differentiate between these terms, so the penalties for both are the same. As a result, these terms are often used interchangeably.

According to Virginia alcohol laws, you’re legally intoxicated if your blood alcohol content (BAC) is 0.08% or above. Even so, you may get a DUI for having a BAC as low as 0.02%, though this depends on specific circumstances.

First and second DUI offenses are always misdemeanors in Virginia. Subsequent repeated offenses make you subject to prosecution for a felony.

When Can You Be Charged With a DUI?

In most DUI stops, Virginia police officers initially lack probable cause to arrest the driver. This is why they’ll ask the driver to do a field sobriety test, such as:

  • HGN test: Follow a pen or flashlight with your eyes
  • Walk-and-turn test: Walk in one direction, pivot, and return the same way
  • One-leg stand test: Stand on one leg and count for 30 seconds
  • Preliminary breath test: Voluntary test on the PBT device

A BAC result of 0.08% or higher makes you legally under the influence. If your BAC is between 0.02% and 0.08%, you’re driving “buzzed.” If you’re driving “buzzed” with a restricted or suspended license, you’ll still get a DUI charge.

You can receive a DUI charge even without the test. For example, being involved in a crash gives officers probable cause to arrest you. The same applies to having an open container of alcohol in your passenger area.

Can You Refuse a Field Sobriety Test?

In Virginia, all field sobriety tests are voluntary. Many people still comply with them, mistakenly thinking that cooperation will help their case.

In general, refusing a field sobriety test can go both ways. On the one hand, performing this test often creates incriminating evidence against you. In many cases, the test results will serve as the basis for your eventual arrest.

On the other hand, refusing this test may be later deemed to be unreasonable by the court. In this case, you’ll be charged with an additional civil offense of refusal. This can lead to an automatic license suspension or revocation.

Penalties for First-Time DUI Offenders

As mentioned, Virginia traffic offenses are treated as criminal misdemeanors. As such, Virginia DUI penalties for a first-time offense include:

  • A mandatory fine of $250-$2,500
  • Driver’s license revocation for 12 months
  • Enrollment in an Alcohol Safety Action program
  • Potential installation of an Ignition Interlock Device (IID)

Even if you refuse a field sobriety test when you’re pulled over, your license will be revoked for 12 months. After 30 days, you’ll be able to file a petition for a restricted driving license at your expense.

Penalties for Minors and Highly Intoxicated Drivers

Even for first-time offenders, there are several edge cases when it comes to DUI penalties. This includes being a minor or having a BAC of 0.15% or higher.

If you’re under 21, a first-time DUI offense for “buzzed” driving will result in an increased fine and 50 hours of community service. If your BAC is 0.08%, you’ll receive the same penalties as someone of legal age.

Having a BAC of 0.15% to 0.20% comes with a minimum five-day jail term, even for first-time offenders. A BAC of 0.20% or higher will see you receive a minimum ten-day jail term.

Ignition Interlock Device and SR-22 Insurance

If you get a restricted license for your vehicle after a first-time offense, you’ll need to install the IID device. Repeated offenses also require IID installation.

Getting your license reinstated may also involve buying an SR-22 insurance policy. This acts as a certificate of financial responsibility. It ensures that your auto insurance policy still has the required liability coverage after:

  • A DUI
  • The loss of license
  • Reckless driving incident
  • The car accident that occurred while you were uninsured

DUI Penalties for Repeated Offenses

The DUI legal process in Virginia can be very different for repeated offenses. To make things simpler for you, here’s a quick penalty table:

  • 2nd offense in ten years: $500-$2,500 fine, 36-month license suspension, a minimum of ten days in jail
  • 2nd offense in five years: $500-$2,500 fine, 36-month license suspension, a minimum of 20 days in jail
  • 3rd offense in ten years: $1,000-$2,500 fine, indefinite license suspension, a minimum of 90 days in jail
  • 3rd offense in five years: $1,000-$2,500 fine, indefinite license suspension, a minimum of 180 days in jail
  • 4th offense in ten years: $1,000-$2,500 fine, indefinite license suspension, a minimum of one year in jail

The more serious your charge is, the more you’ll need a DUI legal defense. Walking into court with a BAC of 0.08% and a DUI charge means you’re already presumed guilty. Your lawyer will try to protect your rights by rebutting that presumption.

DUI In Virginia? We Can Help!

With Virginia’s strict laws, it’s easy to see why you should take every DUI charge very seriously. Even if you’re a first-time offender, this could have a lasting impact on your employment, driving privileges, and criminal record.

At Kearney, Freeman, Fogarty & Joshi, PLLC, we know all about what to do after getting a DUI in Virginia. If you hire our services, our experienced DUI lawyers will do everything they can to get your DUI charges reduced or dismissed.

Over the past 30 years, we’ve been building our firm one client at a time. Book a free consultation now for all your DUI questions!