DUI Laws in the State of Virginia

In the state of Virginia, one will be charged with driving under the influence with a blood alcohol level of .08 or higher. Some believe that they must have a .08 or higher to be convicted but this is not true. Driving under the influence is a class one misdemeanor in the state of Virginia. A first time offense is punishable by up to one year in jail and/or up to $2500 in fines. Your driver’s license may also be revoked up to one year. However, if your blood alcohol level register .08 or higher your license will be immediately suspended for 7 days after your arrest in addition to the one year revocation.

If convicted you may be eligible for a restricted license in which you can use to:

1. drive to and from a Virginia alcohol safety program
2. drive to and from work
3. drive during work hours with proper agendas
4. drive to and from school
5. drive to and from medical treatment

In the state of Virginia you are required to take a chemical test upon request, if you refuse your license will automatically be suspended for seven days. In the event that you are convicted, the suspension period for refusing to take the test will be added to your DUI revocation.

If you are caught driving a commercial vehicle under the influence, which your blood alcohol level is .04 or higher you will receive a one year disqualification from driving commercial vehicles. There will be a three-year disqualification if you were transporting hazardous materials. For refusing to take a blood or breath test there will also be a one-year disqualification.

Accident, injury or death that is caused due to driving under the influence carries a large penalty if convicted. As an example criminally negligent, while driving under the influence carries a prison term of 1 – 10 years and a minimum of $5000 fine including revocation.

If convicted of a DUI your car insurance will also be affected. Your rates will rise considerably and you may even lose your current insurance provider. In addition to paying higher rates, you will most likely receive less coverage.

Upon your license being suspended, if you are caught driving your vehicle it will be impounded immediately for 30 days. If you are convicted, the impoundment will be for an additional 90 days.

For drivers under the age of 21 if you drive with a blood alcohol content of at least .02 but less than .08 you can receive a fine up to $500. Your licensed can also be suspended for six months. In the event you are driving with a blood alcohol content of more than .08 your punishment will be the same as drivers over the age of 21 years of age.

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