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SANCTIONS FOR FIRST, SECOND, THIRD AND SUBSEQUENT DUI CONVICTIONS , section: 18.2-270, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391

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Substantive DUI/Excess Alcohol Offense, SANCTIONS FOR FIRST, SECOND, THIRD AND SUBSEQUENT DUI CONVICTIONS


Offense Blood Alcohol Level Jail or Prison Sentence Fine Ignition Interlock § 46.2-391 License Suspension § 18.2-271 Vehicle Forfeiture

1 st Offense § 18.2-270(A)

.08 or greater (or under the influence of alcohol, drugs or both). Class 1 misdemeanor. $250 mandatory minimum fine. Yes, if BAC is .15 or more. 12 months by court. No
0.15 to 0.20 Additional 5 day mandatory minimum.
0.20 or greater Additional 10 day mandatory minimum
2nd Offense within 5 years§ 18.2-270(B) 08 or greater (or under the influence of alcohol, drugs or both) 1 month to 1 year in jail. Mandatory minimum 20 days. $500 mandatory minimum fine. 6 months to 3 years. 3 years by DMV No
0.15 to 0.20 Additional mandatory minimum 10 days.
0.20 or greater Additional mandatory minimum 20 days.
2nd Offense within 5-10 years§ 18.2-270(B) .08 or greater (or under the influence of alcohol, drugs or both) Minimum confinement not less than one month. Mandatory minimum 10 days. $500 mandatory minimum fine. 6 months to 3 years. 3 years by DMV No
0.15 to 0.20 Additional mandatory minimum 10 days.
0.20 or greater Additional mandatory minimum 20 days.
3 or more offenses within 5 years § 18.2-270(C) n/a Class 6 felony. Mandatory minimum 6 months. $1000 mandatory minimum fine.   10 years by DMV. Reinstate after 3 to 5 years. Yes
3 or more offenses within 5-10 years n/a Class 6 felony. Mandatory minimum 90 days. $1000 mandatory minimum fine.   3rd offense with 10 yrs triggers indefinite suspension  Yes
4th offense within 10 years   Class 6 felony. Mandatory minimum 1 year, plus probation for same term as license suspension not to exceed 3 years. $1000 mandatory minimum fine.   4 th offense within 10 years triggers indefinite suspension  Yes
Transporting minor while driving under the influence § 18.2-270(D) n/a Additional 5 days mandatory minimum. Additional fine $500 to $1000.   n/a n/a

Comments : 

Virginia DUI | DWI drunk driving and Virginia Reckless Driving are Virginia Criminal Class 1 Misdemeanor Criminal charges carrying the possibility of up to one year imprisonment, fines up to $2500 and/or license suspensions. Some Virginia DUI | DWI cases require mandatory jail time upon conviction - these cases are termed "Virginia DUI/DWI Enhanced Punishment" cases.  As of July 1, 2007, defendants convicted of DUI | DWI, Reckless Driving and many other Virginia infractions face additional mandatory fines (in addition to those imposed by the Judges).  Click to download the July 2007 factsheet

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