DUI law in Virginia is best described when someone is arrested and/or convicted of operating a motor vehicle under the influence of alcohol and/or drugs (prescription or illegal).  The legal limit in Virginia is .08 % which means that it is illegal to drive with a blood alcohol concentration (BAC) of .08% or greater.

What is not commonly realized though is that you can get a DUI in Virginia even if you are not over the legal blood alcohol limit.  If the officer determines that the amount of alcohol you consumed was enough to impair your ability to safely operate a motor vehicle he or she can still cite you for driving under the influence, no matter what your BAC was.

Here is a brief outline of the DUI punishments in Virgina:

1st offense DUI in Virginia:

* Max fine is $2,500

* Max jail sentence is 1 year

* Loss of driving privilege in Virginia for 1 year

There are some newer ‘toughening’ up of VA dui laws which provide stricter penalties or “enhancements” for severe situations such as high BAC levels, property damage over a certain dollar amount, accident, bodily injury, death, etc… 

Basically the VA dui laws have reached a point where the aim is to tie the judges hands during sentencing so as to require offenders to serve out a minimum 5 day jail sentence for BAC’s over .15 and increased jail sentences for those over and above .20. 

These laws are not done.  Every day the VA dui laws are getting tougher and tougher.  You are stongly encouraged to seek the counsel of a experienced skilled DUI lawyer in Virginia if you are facing a DUI charge.

 This page will be updated to reflect any updates to VA dui law.

 

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