The penalty for a first-time DUI in Virginia is a minimum $250 fine, a one-year driver’s license suspension and potential jail time. This happens almost immediately, disrupting your daily life and creating immediate challenges for work, family responsibilities, and everyday tasks.
What happens when you are pulled over
When a police officer stops you in Virginia with suspicion of driving under the influence, they will check if your blood alcohol content (BAC) is 0.08% or higher. Even with a lower BAC, you can still be charged if your driving ability appears impaired. This applies to cars, boats and even mopeds on public roads. The law treats drug impairment just as seriously as alcohol impairment.
Automatic license suspension
Before your case even goes to court, Virginia’s Administrative License Suspension (ALS) law kicks in. For a first offense with a BAC of 0.08% or higher, your license gets automatically suspended for seven days. This happens right after your arrest, meaning you will lose driving privileges immediately.
Refusing the breath or blood test
When you drive in Virginia, you have already given “implied consent” for police to take a breath or blood test if arrested for DUI. Refusing this test carries its own penalty – a one-year driver’s license suspension that runs separately from any DUI suspension. After 30 days, you might be able to request a restricted license, but this is not guaranteed.
Court penalties for first-time offenders
When convicted of your first DUI in Virginia, a class 1 misdemeanor, the judge will order a minimum $250 fine and revoke your license for one year. The fine often ends up being much higher after adding court costs, ranging from $250 to $2500. While jail time is not mandatory for most first offenses, it becomes possible if your BAC was particularly high (0.15% or above).
Getting a restricted license
After being convicted, you may apply for a restricted driver’s license that lets you drive to specific places like work, school, medical appointments or religious services. However, the court will likely require you to install an ignition interlock device in your vehicle, which checks your breath for alcohol before allowing the car to start.
Underage drinking and driving
Virginia enforces a strict zero tolerance law regarding underage drinking and driving. For drivers under 21, any detectable blood alcohol content (BAC) of 0.02% or higher results in serious consequences, much lower than the 0.08% standard for adults. Penalties for violation include license suspension for one year, a minimum $500 fine or 50 hours of community service, and mandatory participation in alcohol safety programs.
Additional requirements
First-time offenders must complete the Virginia Alcohol Safety Action Program (VASAP), which includes education about alcohol abuse and substance abuse evaluation. This program costs several hundred dollars, adding to your financial burden. You’ll also face increased car insurance rates for several years after a DUI conviction.
Long-term consequences
A DUI stays on your Virginia driving record for 11 years and remains on your criminal record forever unless you succeed in getting it expunged. This can affect job opportunities, especially those involving driving or security clearances.
Why legal help makes a difference
Seeking legal help for a DUI charge might significantly improve your outcome. An experienced DUI attorney understands the technical aspects of breath testing equipment, police procedures and possible defenses.
They might identify problems with how evidence was collected or find alternatives to standard penalties. The law has specific requirements for DUI arrests, and sometimes these aren’t properly followed.
Taking action now
If you are facing a first-time DUI charge in Virginia, take it seriously from day one. The decisions you make immediately after arrest can affect your case outcome. Call Big Valley Law at 540-904-0243 or contact us online to arrange an initial consultation with one of our DUI lawyers. We are here to help with your drunk driving charge.
