Types of Criminal DUI Charges in Virginia

The Commonwealth of Virginia can charge a person with DUI at several levels. These can vary depending on whether or not a person has been convicted of a DUI offense before, the driver's age, blood alcohol content at the time of the arrest, and even the driver's occupation relating to CDL status. When a person is charged with a DUI, the prosecutor may want to bring the strongest charges they can. 

Virginia's Driving “Under the Influence" Law

It is common knowledge that alcohol and drugs will affect every person differently, and any one person consuming a large quantity of alcohol has the potential to feel less of its effects than another person consuming the same amount. In most cases, when a person's blood alcohol content is over the legal limit of 0.08%, the law considers them as under the influence. 

1st DUI in Virginia

A first DUI charge carries the possible consequences of license suspension, fines, ignition interlock device placement and mandatory rehabilitation through VASAP classes.

2nd DUI in Virginia

The penalties for a second DUI conviction can include longer term of license suspension, mandatory ignition interlock device, jail time, fines, and mandatory rehabilitation through VASAP classes. 

3rd DUI in Virginia

A first or second DUI is a misdemeanor but a 3rd DUI offense within 10 years is a felony. The potential penalties for a third DUI conviction can include mandatory jail time, fines, installation of an ignition interlock device, alcohol education programs, and the potential for an indefinite suspension of your license.

Under-21 DUI for Virginia Drivers

For drivers who are under the age of 21, the law takes a stricter stance against any impaired driving. If a driver under the age of 21 has a blood alcohol content of over 0.02%, they may face DUI charges. These charges can carry the same penalties as a standard DUI, including fines, rehabilitation, installation of an ignition interlock device, and possible jail time. 

Drug related DUI

A DUI in Virginia also applies to drivers under the influence of drugs or other substances. There is no clear limit for drug impairment like there is for alcohol. 

Virginia Commercial DUI

Drivers with a commercial driver's license (CDL) have a different standard than other drivers relating to the legal limit. DUI. For a commercial driver, a blood alcohol content of 0.04% or higher can result in a Class 3 Misdemeanor DUI charge (compared to 0.08% for other drivers). Commercial drivers facing DUI charges can suffer the same penalties as a regular DUI defendant; however, a CDL suspension can place the driver's livelihood in danger if they cannot drive. A second DUI can result in a permanent loss of a commercial driver's license.