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DUI, DWI & Criminal Legislation in Virginia

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
Warning: This is NOT a government web site. The information
provided herein has NOT been provided by a government. This information has been
provided by a lawyer or attorney or student, for the purpose of providing basic
information about the laws and regulations enacted by a government and the
government offices that apply laws and regulations, and for the purpose of
encouraging discussion and facilitating proper legal challenges related to the application of
laws and regulations made by government. Citizens always have the right to
challenge government. Citizens need independent information not provided by
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person to get complete advice. Information provided by some government sites may
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interests. It is essential that you retain and instruct an independent lawyer or
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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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Warning: This is NOT a government web site. The
information provided herein has NOT been provided by a government. This
information has been provided by a lawyer or attorney or student, for the
purpose of providing basic information about the laws and regulations enacted by
a government and the government offices that apply laws and regulations, and for
the purpose of encouraging discussion and facilitating proper legal challenges
related to the application of laws and regulations made by government. Citizens
always have the right to challenge government. Citizens need independent
information not provided by government about government offices, phone numbers,
locations, and their services or lack thereof. Please note that the information
provided may not be up to date. It is your responsibility to meet with a lawyer
or attorney in person to get complete advice. Information provided by some
government sites may also be sometimes out of date, sometimes incomplete, or
sometimes focused on protection of government politicians, officers, policy
initiatives, and interests. It is essential that you retain and instruct an
independent lawyer or attorney to represent YOUR interests and inform you
accordingly.
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