Virginia Beach Criminal Defense Lawyer explains the DUI Laws in Virginia
In the past year, 27,333 people were convicted of Driving Under the Influence (DUI) in the Commonwealth of Virginia. (Statistic from MADD Virginia)
DUI law in Virginia includes driving under the influence of alcohol and any narcotic drug.
What is the Legal Blood Alcohol Level in Virginia?
Like other states, Virginia measures sobriety by your blood alcohol concentration (BAC) and those BAC percentages are based on age and driver’s license type.
- Drivers 21 years old or older the BAC is 0.08%.
- Drivers younger than 21 years old the BAC limit is 0.02%.
- Commercial drivers possessing a CDL have a BAC limit of 0.04%.
Is a DUI a Criminal Offense in Virginia?
Virginia classifies a first time DUI offense as a Class 1 Misdemeanor criminal act punishable by up to 1 year in jail, a fine between $250.00 and $2,500.00, a one-year license suspension, and alcohol education classes.
The punishment for this offense increases if you were arrested with a BAC of 0.15% or higher. In this case, punishment may include a minimum five-day jail sentence and the utilization of an ignition interlock device upon reinstatement of your license.
In almost all cases, drivers are expected to pay for the installation of the ignition interlock device, installation can cost up to $100 for the device, and $50-100 per month for the lease.
If you’re younger than 21 years old, there are further additional consequences including license suspension, a minimum $500 fine, possible alcohol safety action program, and a possible restricted driver’s license.
Repeat DUI Offenders in Virginia
For second time offenders, a prior DUI offense may be used to increase your DUI from a misdemeanor to a felony or impose higher sentencing penalties. Other punishments include a mandatory minimum sentence for second offense conviction.
What should you do if charged with a DUI in the Virginia Beach Norfolk Area?
First and foremost you should notify an Attorney that handles DUI charges in the Virginia Beach area. Do not try to handle this yourself. An experienced DUI Attorney can look at the case and find mistakes made or violations of your rights.
Contact a Top Virginia Beach Criminal Defense Attorney at the Law Office of Scott R. Barney
If you have been charged with a DUI, contact the experienced lawyers at the Law Office of Scott R. Barney at 757- 965-7200 or fill out the form on this page for assistance in possibly pleading down DUI charges into lesser criminal offenses or traffic violations.