Consequences of DUI Conviction

All DUI convictions in Virginia are accompanied by serious consequences. License suspensions, fines, and jail time are possible in many cases.

Consequences of DUI 1st

  • Maximum fine of $2,500 and 1 year in jail
  • Mandatory minimum fine of $250
  • If BAC .15 or greater but less than .20 = 5 days in jail
  • .20 or greater = 10 days in jail
  • 7 day administrative license suspension
  • 12 month license suspension by the court
  • Ignition interlock required § 18.2-270.1

Consequences of DUI 2nd Within 5 Years

  • Maximum fine of $2,500 fine
  • $500 minimum fine
  • 20 day mandatory minimum jail sentence
  • Additional 10 day jail sentence if BAC greater than or equal to .15
  • Additional 20 day jail sentence if BAC greater than or equal to .20
  • Restricted license eligible after 1 year § 18.2-271.1(E)
  • Iginition interlock required for 6 months to 3 years
  • License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 2nd Within 5-10 years

  • Maximum fine $2,500
  • $500 minimum fine
  • Jail sentence of 1 month to 1 year, 10 days mandatory minimum
  • Additional 10 day jail sentence if BAC greater than or equal to .15
  • Additional 20 day jail sentence if BAC greater than or equal to .20
  • Eligible for restricted license after 4 months
  • Ignition interlock required for 6 months to 3 years
  • License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 3rd Within 5 years

  • Class 6 felony conviction
  • 1-5 years in prison or
  • Up to 1 year in jail plus $2500 fine
  • 1000 mandatory minimum fine
  • 6 month mandatory minimum jail sentence
  • May petition the court for a restricted license 3 years after date of conviction. Limited to driving to and from work and in course of employment
  • Ignition interlock required at least 6 months upon restoration of license or with a restricted license during time of suspension
  • License suspended indefinitely but may petition after 5 years
  • Vehicle forfeiture
  • License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 3rd Within 10 years

  • Class 6 felony conviction
  • $1000 fine
  • 90 day mandatory minimum jail time
  • Not eligible for restricted license
  • May petition for restricted license 3 years after date of conviction. Limited to driving to and from work and in course of employment
  • Ignition interlock required at least 6 months upon restoration of license or with a restricted license during time of suspension
  • License suspended indefinitely but may petition after 5 years
  • Vehicle forfeiture

Permanent Criminal record

  • Permanent criminal record
  • Not eligible for expungement in VA

Administrative License Suspension

  • Administrative suspension § 46.2-391.2
    • 1st DUI = 7 day suspension
    • 2nd DUI = 60 day suspension or suspended until trial, whichever is sooner
    • DUI 3rd license suspended until trial
  • Must attend VASAP course to be eligible for a restricted license
  • Must enroll with VASAP within 15 days of conviction date

Recommendations

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Focused on Criminal and Traffic defense in Charlottesville and the surrounding area, including Albemarle, Orange, Greene, Louisa, Madison, Buckingham, Goochland, Nelson, and Augusta Counties.

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