A DUI (Driving Under the Influence) occurs when you operate a vehicle with a BAC (Blood Alcohol Concentration) of 0.08% or higher, or with detectable controlled substances in your system. Including:
- 0.02 milligrams of cocaine
- 0.1 milligrams of methamphetamine
- 0.01 milligrams of PCP (phencyclidine)
- 0.1 milligrams of MDMA (3,4 methylenedioxymethamphetamine)
What Are the Penalties for a First DUI?
First-time DUI penalties include:
- Fines of $250-$2,500
- Up to 12 months in jail
- BAC of .15%-.20% – 5-day mandatory jail time
- BAC of .20% or above– 10-day mandatory jail time
- One-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
What Are the Penalties for a Second DUI?
Penalties for a second DUI in Virginia are more severe and vary based on how long it has been since your first conviction.
Second DUI within less than 5 years:
- Fines of $500-$2,500
- BAC of .15% or above– $1,000 minimum fine
- Up to 12 months in jail, with a mandatory of 20 days
- BAC of .15%-.20% – 30-day mandatory jail time
- BAC of .20% or above– 40-day mandatory jail time
- Three-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
Second DUI within 5-10 years:
- Fines of $500-$2,500
- BAC of .15% or above– $1,000 minimum fine
- Up to 12 months in jail, with a mandatory of 10 days
- BAC of .15%-.20% – 20-day mandatory jail time
- BAC of .20% or above– 30-day mandatory jail time
- Three-year license revocation
- Completion of VASAP (Virginia Alcohol Safety Action Program)
What Are the Penalties for a Third DUI?
A third DUI in Virginia is treated as a felony and also carries more severe penalties based on how long it has been since your last DUI conviction.
Third DUI within less than 5 years:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Indefinite license revocation
Third DUI within 5-10 years:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Indefinite license revocation
What Are the Penalties for a Fourth (or subsequent DUI)?
Penalties for a fourth or subsequent DUI include:
- Fines of $1,000-$2,500
- Up to 1-5 years in prison OR 1 year in jail
- Indefinite license revocation
What Should You Do After a DUI?
If you are charged with a DUI, take action immediately. Call a Driving Defense Law attorney at 757-929-0335 or book a consultation today to protect your rights, minimize penalties, and safeguard your driving privileges. Early representation can make a critical difference in the outcome of your case.
