Virginia DUI Laws & Attorneys
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Virginia is a state of many firsts. It was the first state to brew mead and featured the first wine cellar in the country. George Washington was one of the largest fermenters and distillers in the new country. Virginia is one of the only states where legal moonshine is made, and has the only drug museum in the country. However, you may want to stick to the state beverage, milk, because Virginia has some of the toughest DUI laws and penalties in the country.
In Virginia the term DUI means Driving While Intoxicated and not having the normal use of your mental or physical faculties by reason of the introduction of alcohol, a controlled substance or a combination of these or any other substances into the body.
The Virginia DUI ‘per se’ law states that a blood alcohol content (BAC) of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’, regardless of their BAC percentage.
Also you’ll be cited for driving while under the influence of drugs with a blood cocaine level of 0.02%, a blood methamphetamine level of 0.10%, a PCP level of 0.01%, or 0.10% BAC of MDMA or Ecstasy.
Every driver in Virginia has given their ‘implied consent’ for a blood alcohol test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Virginia DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Virginia DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Virginia DUI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with a Virginia DUI you’re going to face two adversaries: the criminal courts, and the Virginia Department of Motor Vehicles (DMV). If your license was suspended or revoked because of a DUI, you will be offered a formal hearing. You have the right to make a request within 10 days (after receiving a suspension notice) for an administrative hearing with the Virginia DMV to try avoiding losing driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. DMV sanctions can also be imposed even if you are found not guilty in a criminal court case.
DMV hearings may be a crucial opportunity to let your Virginia DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. DMV and court penalties are separate, but usually run concurrently (at the same time).
Be advised that Virginia has an out-of-state Driver’s License Compact Agreement. This means that Virginia DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Virginia DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Virginia DUI specialist. In any case, when you are stopped and arrested for suspicion of a Virginia DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Virginia DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Virginia DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Virginia DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Virginia DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Virginia drunk driving laws should be taken very seriously. Virginia DUI convictions and penalties can be long lasting and severe, both in court and with the Virginia Department of Motor Vehicles, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Virginia DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Virginia DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Virginia DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Virginia DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. Practiced Virginia DUI attorneys often times will be able to negotiate a plea to a lesser charge as many cases are resolved prior to trial. The plea bargain is extremely advantageous to anyone accused of a Virginia DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a Virginia drunk driving charge without an experienced Virginia DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Virginia DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Virginia DMV and the Criminal Courts Double Jeopardy?
Like most states, Virginia law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The DMV administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Virginia DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Virginia DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Is A Look Back Period in Virginia?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Virginia it is 10 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 10 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions including any previous Virginia administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Virginia DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get a Hardship Driver's License?
You may be eligible for a restricted license after your first DUI. The court has to be ‘petitioned’ and you must be enrolled in an Alcohol Action Safety Program. If you have prior convictions (except for a 3rd offense which renders you ineligible) there are mandatory waiting periods for a hardship license. If the judge allows a restricted license, the limitations are driving only to and from work, day care or school, medical treatments, substance abuse programs, and family visitations.
What About Enhanced Punishments For Virginia DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, BAC of .20%, the presence of a child (under 17) in the car, speeding, reckless driving, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Virginia multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. In case of death or serious injury an offender can be fined from $5,000 to $750,000 and be jailed from 1 to 12 years.
Consequently, we strongly recommend retaining an experienced Virginia DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Virginia DUI Criminal Penalties –
1st Virginia DUI Offense
$250 up to $1,000 in fines.
7 days mandatory to 1 year loss of license.
Up to 1 year in jail.
SR-22 insurance policy.
Possible community service.
Possible ignition interlock device.
Possible probation.
Mandatory Alcohol Action Safety Plan.
5 days in jail for BAC between .15% and .20%.
10 days in jail for BAC of .21% or above.
Alcohol Safety Action Program
A 20 hour program focusing on substance abuse and driving, health, and substance abuse self evaluation. All persons will be tested for alcohol/drugs and if positive, the offender will immediately be re-classified for treatment.
Offenders will be placed on probation, given a restricted license and ordered to report to the local ASAP office within 15 days. Offenders who fail the program will have to return to court, their license will be revoked and they will be sent to jail.
2nd Virginia DUI Offense
10 days mandatory jail sentence (within 5 years of 1st offense)
20 days mandatory jail sentence (within 5 years of a prior).
$500 up to $2,500 in fines.
Up to 3 years loss of license.
Up to 1 year in jail for multiple offenses.
Mandatory Alcohol Action Safety Plan.
Community service.
Ignition interlock device installed.
3rd Virginia DUI Offense
Felony.
30 days mandatory up to 80 months in jail (with priors within 5 years).
$1,000 minimum up to $2,500 in fines.
Vehicle will be permanently confiscated.
Mandatory Alcohol Action Safety Plan.
Community service.
Ignition interlock device installed.
4th Virginia DUI Offense
Mandatory sentence of 1 year in jail.
Mandatory Alcohol Action Safety Plan.
Community service.
Ignition interlock device installed.
Underage or “Baby” DUI
Zero tolerance means no detectable amount of alcohol in the body or BAC of .02%
6 months to 1 year driver's license suspension.
$500 fine, or 50 hours of community service.
May not be classified as a criminal offense.
No jail for 1st offense.
Baby DUI provisions only apply to a BAC from .02% to .7%.
BAC of .08%, penalties will be the same as an adult.
Alcohol Action Safety Plan.
Possible community service.
Commercial Driver’s License
1 year disqualification for BAC level of 0.04%.
3 years when transporting hazardous with DUI.
1 year disqualification for refusing a BAC test.
Subsequent violation carries lifetime disqualification.
Refusing BAC Test
1st offense: 7 days 1 year to loss of license.
2nd offense: 6 months in jail, 3 year loss of license. Up to $1500 fine.
3rd offense: up to 1 year in jail, 3 years loss of license. Up to $2500 fine.
Vehicle Impoundment
Virginia DUI law requires your vehicle be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days if you are convicted.
A criminally negligent homicide while DUI can lead to 1year up to 10 years in prison, a minimum $5,000 fine, and license revocation. A DUI vehicular homicide can lead to 4 to12 yrs in prison and a fine from $3,000 to $750,000, and license revocation.
– Virginia DMV Administrative Penalties –
DUI
1st offense: 7 days automatic loss of license.
2nd offense: 60 days loss of license.
3rd offense: license is suspended until the date of your trial when length of suspension will be imposed.
Refusing the BAC Test
1st offense: 7 days to 1 year loss of license.
2nd offense: 3 years loss of license.
3rd offense: 3 years loss of license.
Commercial Driver’s License
1 year loss of license while operating any vehicle under the influence.
3 years loss of license when hauling hazardous materials while “driving under the influence.”
1 year loss of license for refusing a BAC test.
Subsequent violations carry lifetime disqualification.
Underage DUI
See criminal penalties above.
– Disclaimer –
Only experienced Virginia DUI attorneys should provide you with bonafied legal advice concerning Virginia DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Virginia DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Virginia DUI attorney specializing in DUI cases.
– Citations –
Virginia State Code. § 18.2-266/§ 18.2-267§ 18.2-268.2/§ 18.2-268/§ 18.2-270/§ 18.2-271/§ 18.2-271.1/§ 18.2-270.1/
Juvenile code §§16.1-278.8 and 16.1-278.9.
Commercial License Code §46.2-341.4/ §46.2-341.20/§46.2-341.18/§46.2-341.21.
