Virginia DUI Penalties

Under Virginia DUI Law, misdemeanor DUI offenses are subject to a maximum penalty of $2,500 and up to one year in jail. Additional penalties may include loss of driving privileges, community service, alcohol treatment programs, and installation of an ignition interlock device.  Felony DUI offenses carry harsher penalties and also require forfeiture of any vehicle the DUI defendant owns and operates. The circumstances of your case will determine which punishment will be imposed.  For a first offense DUI, jail time is not typically imposed. The following is a general list of penalties for criminal DUI charges in Virginia. Consult with an experienced attorney in your area for more information on what penalties you can expect in your particular case.

FIRST OFFENSE DUI:

FINES: $250;
JAIL: mandatory minimum 5 days if BAC .15-.20, mandatory minimum 10 days if BAC is higher than .20;
DRIVERS LICENSE: 1 year suspension.

SECOND OFFENSE DUI WITHIN 5 YEARS:

FINES: $500;
JAIL: mandatory minimum 20 days - maximum 1 year;
DRIVERS LICENSE: 3 year suspension.

SECOND OFFENSE DUI WITHIN 5-10 YEARS

FINES: $500;
JAIL: mandatory minimum 10 days - maximum 1 year. If BAC is .15 or higher, additional mandatory minimum 10 days or if BAC is .21 or higher, additional mandatory minimum 20 days and an additional $500 fine;
DRIVERS LICENSE: 3 year suspension.

THIRD OFFENSE DUI WITHIN 10 YEARS - Class 6 felony.

FINES: mandatory minimum $1,000;
JAIL: mandatory minimum 90 days.  If third offense within 5 years, mandatory minimum 6 months in jail;
DRIVERS LICENSE: indefinate loss of license (5 year minimum suspension).

FOURTH OR SUBSEQUENT OFFENSE DUI WITHIN 10 YEARS

FINES: mandatory minimum $1,000;
JAIL: mandatory minimum 1 year.
PROBATION: Unless modified by the court, will be on probation and subject to the terms of any suspended sentence for the period in which his/her operator's license was suspended, for up to three years;
DRIVERS LICENSE: indefinate loss of license (5 year minimum suspension).

UNDER 21 DUI IN VIRGINIA

FINES: $500 minimum or 50 hours community service;
DRIVERS LICENSE: forfeiture of license for 1 year.
PROBATION: may be eligible to attend Alcohol Safety Program and apply for a restricted driver's license.

Virginia DUI Statutes

A. Except as otherwise provided herein, any person violating any provision of 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

B. 1. Any person convicted of a second offense committed within less than five years after a prior offense under 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.

2. Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

3. Upon conviction of a second offense within 10 years of a prior offense, if the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.

C. 1. Any person convicted of three offenses of 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.

2. The punishment of any person convicted of a fourth or subsequent offense of 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator's license was suspended, not to exceed three years.

3. The vehicle solely owned and operated by the accused during the commission of a felony violation of 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of 18.2-266, the Commonwealth may file an information in accordance with 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of 8.01-296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with 19.2-386.2.

An immediate family member of the owner of any motor vehicle for which an information has been filed under this section who was not the driver at the time of the violation may petition the court in which such information was filed for the release of the motor vehicle. If the immediate family member proves by a preponderance of the evidence that his immediate family has only one motor vehicle and will suffer a substantial hardship if that motor vehicle is seized and forfeited, the court, in its discretion, may release the vehicle.

In the event the vehicle was sold to a bona fide purchaser subsequent to the arrest but prior to seizure in order to avoid seizure and forfeiture, the Commonwealth shall have a right of action against the seller for the proceeds of the sale.

D. In addition to the penalty otherwise authorized by this section or 16.1-278.9, any person convicted of a violation of 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.

E. For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of 18.2-266: (i) the provisions of 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of 18.2-51.4, 18.2-266, former 18.1-54 (formerly 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of 18.2-51.4, or 18.2-266, or (iii) the provisions of subsection A of 46.2-341.24 or the substantially similar laws of any other state or of the United States.

F. Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.

18.2-270.01. Multiple offenders; payment to Trauma Center Fund.

A. The court shall order any person convicted of a violation of 18.2-36.1, 18.2-51.4, 18.2-266, 18.2-266.1 or 46.2-341.24 who has been convicted previously of one or more violations of any of those sections or any ordinance, any law of another state, or any law of the United States substantially similar to the provisions of those sections within 10 years of the date of the current offense to pay $50 to the Trauma Center Fund for the purpose of defraying the costs of providing emergency medical care to victims of automobile accidents attributable to alcohol or drug use.

B. There is hereby established in the state treasury a special nonreverting fund to be known as the Trauma Center Fund. The Fund shall consist of any moneys paid into it by virtue of operation of subsection A hereof and any moneys appropriated thereto by the General Assembly and designated for the Fund. Any moneys deposited to or remaining in the Fund during or at the end of each fiscal year or biennium, including interest thereon, shall not revert to the general fund but shall remain in the Fund and be available for allocation in ensuing fiscal years. The Department of Health shall award and administer grants from the Trauma Center Fund to appropriate trauma centers based on the cost to provide emergency medical care to victims of automobile accidents. The Department of Health shall develop, on or before October 1, 2004, written criteria for the awarding of such grants that shall be evaluated and, if necessary, revised on an annual basis.