drunk driving laws

Virginia DUI Laws & Virginia DUI Attorneys


Virginia drivers can be arrested for a Virginia DUI if one of two conditions is met. First, Virginia has a per se law stating that any driver who is driving with a blood alcohol content (BAC) tests at .08% or higher. If you submit to a blood, breath, or urine test and test at this level of higher, you will be charged with DUI no matter how well you were driving.

On the other hand, if you are driving and appear to be under the influence of alcohol or drugs, you can also be arrested, no matter what your BAC is. If your driving appears to be dangerous, an officer can pull you over and ask you to perform field sobriety tests. Based on your driving patterns and your failure of the field sobriety tests, you can be arrested.

DUI Arrests in Virginia

When you are arrested for a Virginia DUI offense you will face a case in the criminal courts, where you will receive the punishments for your crime, including fines, jail time, and even mandatory classes. While Virginia state law requires license suspensions for DUI convictions, you may be allowed restricted driving privileges to allow you to drive to your place of employment. The judge in your court case will determine whether or not you will be given this restricted license. Working with a lawyer will help you win this restricted license. You will also face an immediate seven-day suspension of your license at the time of your arrest, which brings with it a hearing in the DMV. Having a qualified lawyer working with you will help protect your right to drive for as long as possible.

Basic Consequences for First Time Offenders

If you are convicted of your first Virginia DUI, you will face a class 1 misdemeanor charge. This comes with the following penalties:

If you have a high BAC, are under 21 or are convicted for a second or third DUI, you will face stricter penalties. You will have to pay $300 for the Alcohol Safety Action Program.

License Suspensions for California DUI

Besides paying money and spending time in jail, a Virginia DUI conviction will also cause you to lose your license. The times for license suspensions are as follows:

Additionally, if you refuse to take the breath or blood test after your arrest, you could face an additional year of suspension time. However, you are allowed to petition the court for a provisional license that will give you the right to drive to and from work. The court does not have to grant this request, though, so it is important that you present your case in the best possible light.

Insurance Consequences

No matter what other consequences your Virginia DUI conviction has brought your way, you will also face consequences with your insurance company. Your rates will increase as soon as your insurance company is notified of your conviction. Some insurance companies will refuse to cover those who have a DUI conviction on their records. If you are dropped by your current insurance company, you may find it difficult to find another provider who is willing to cover you. However, you will have to have insurance before you will be given your license back.



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