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What are the Penalties for DUI in Virginia? | Tucker Griffin Barnes P.C. 

Experienced criminal law attorneys defending against drunk driving charges in VA

In Virginia, driving while under the influence of alcohol (DUI) is a serious offense with serious consequences. It is imperative that you are represented by a criminal law attorney who has the knowledge and skill to uphold your rights. At Tucker Griffin Barnes P.C., we are dedicated to minimizing or eliminating your DUI charges.

DUI penalties

Depending on your age, the amount of alcohol you have consumed and other factors, your DUI charges may vary. In Virginia, the penalties for a DUI include:

  • For a first offense:
    • Seven-day license suspension
    • Fine of $250–$300.
    • License revocation for one year
    • Criminal record
  • For a second offense:
    • 60-day license suspension
    • Minimum $500 fine
    • Indefinite license revocation
    • If within fewer than five years of first offense, mandatory one month to one year in jail
    • If within five to 10 years of first offense, mandatory 10 days in jail, minimum
    • Criminal record
  • For a third offense:
    • License suspension until trial
    • If within five years of previous offense, mandatory six months in jail
    • If within 10 years of previous offense, mandatory 90 days in jail
    • Indefinite license revocation
    • Felony charge

If you are younger than 21 and charged with a DUI, the charges are as follows:

  • License suspension for up to one year
  • Minimum fine of $500 or a minimum of 50 hours of community service
  • Possible participation in Alcohol Safety Action Program (ASAP)
  • Possible restricted license

Being charged with a DUI has major consequences for your future. We can help you fight the charges against you.

How much do you have to drink to be charged with DUI in VA?

If you are pulled over for driving while intoxicated, whether or not you are charged with DUI will be determined by your blood alcohol concentration (BAC). The BAC level resulting in your arrest depends on your age and what type of license you carry.

  • If you are 21 years or older, you will be arrested if your BAC is 0.08% or higher.
  • If you are younger than 21 years old, you will be arrested if your BAC is 0.02% or higher.
  • If you are a commercial driver (CDL), you will be arrested if your BAC is 0.04% or higher.

If you have been arrested under suspicion of DUI, you need a knowledgeable criminal lawyer on your side to fight for your rights.

Refusing a drunk driving test in Charlottesville, VA

In Virginia, there is an implied consent law stating that by getting behind the wheel of a car, you have consented to taking a blood or breath test to check your BAC. If you refuse to take the test, you driver’s license will be suspended

  • First offense – one-year license suspension
  • Second offense – three-year license suspension (if first offense occurred within 10 years)
  • Third offense – three-year license suspension (if prior offense occurred within 10 years)

The first time you refuse to take a test is not considered a crime. However, a subsequent refusal is considered a misdemeanor. It does not pay to refuse the test — you may still be convicted even if you don’t take it.

Contact an experienced Virginia DUI attorney today

If you have been arrested for a DUI in Virginia, the criminal defense attorneys at Tucker Griffin Barnes P.C. can help. Call us at 434-326-1649 or contact us online to schedule an initial consultation. We have two offices, conveniently located in Charlottesville and Lake Monticello, Virginia.


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