Deciding to drive under the influence of alcohol or drugs in the State of Virginia will mean that you are setting yourself up for major punishments and penalties. If you are driving erratically or show signs of intoxication, you will be pulled over and tested to see if you exceed the blood alcohol concentration (BAC) limits. The limit is .08 for most people, but if you are under 21, you will face a limit of .02 and if you are a commercial driver, you will face a limit of .04. Understanding what you are up against if you make this choice can help you to make a better choice to live your life to the fullest.
First DUI Offense
The first time that you are convicted of a DUI will result in your license being suspended for at least one year. There is no minimum jail penalty for a first offense, but if you had a child under 17 in the car with you, you will be facing a minimum 5 days in jail. A BAC of .15 to .20 will mean 5 days in jail as well, and if your BAC is higher than .20, then you will be looking at a minimum of 10 days in jail. Fines will range from $500 to $1000, depending upon your charges, and this amount can go up significantly with the other fees and fines that may be assessed.
Second DUI Offense
A second DUI conviction within ten years of the first will mean that you will lose your license for 3 years and to reinstate your license, you will have to pay for the installation of the ignition interlock device on every vehicle that you own or that you co-own. A minimum of ten days in jail will be mandated and if your second DUI was within five years of the first, your jail time will be doubled automatically. Community service of at least 80 hours will be required if you had a child under 17 in the car with you when you were arrested, which will mean that you will be spending a lot of time picking up trash and doing other community service tasks. As well as all of these punishments, you will have to pay a minimum fine of $500 and this will not include the costs of ignition interlock devices, reinstatement fees, and other court and sentencing costs.
Third DUI Offense
A third conviction of DUI in Virginia is charged as a felony and this will follow you around for the rest of your life. You will lose your license for an indefinite period of time and to have your driving privileges restored, you will have to apply for reinstatement and have ignition interlock devices installed on every vehicle that you own. A minimum of 90 days in jail will be mandated and if this was your third offense in 5 years, you will be looking at a minimum of 6 months in jail. A third DUI will mean that you forfeit ownership of your car. A minimum fine of $1000 will be assessed and this amount will increase with other fees and fines that are mandated, as well as paying court cost and any costs that are associated with your sentencing.
As you can see, choosing to drive while under the influence in Virginia will have mean severe restrictions on your freedoms, from losing your license to spending time in jail. This will not include the financial costs that you will be responsible for. By getting a lawyer, you will be able to get the information and assistance that you need to make it through the legal process.