DUI & DWI in Virginia

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Virginia, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%. – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Virginia automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

• Having an open container in the passenger area of a vehicle.
• Buying alcohol for an underage person.
• Possessing alcohol on school property.
• Misrepresenting your age.
• Refer to the state’s online pamphlet Virginia is Tough for a complete run down of each of these crimes’ penalties.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

• Administrative license suspension for 7 days.
• Minimum $250 fine; maximum $300 fine. (These fines may be directly related to eligibility for the Alcohol Safety Action Program.)
• License revocation for 1 year.
• Any court-ordered restitution.
• Possible Alcohol Safety Action Program (ASAP).
• Possible ignition interlock device.
• Possible restricted driver’s license.
• Criminal record.

• Administrative license suspension for 60 days.
• Minimum $500 fine.
• Indefinite license revocation.
• If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail.
• If within 5 years to 10 years of the first offense, a mandatory minimum 10 days in jail.
• Any court-ordered restitution.
• Possible ignition interlock device.
• Possible restricted driver’s license.
• Criminal record.

• The third offense is treated as a Class 6 Felony.
• Administrative license suspension until your trial.
• If within 5 years, 6 months in jail.
• If within 10 years, 90 days in jail.
• Indefinite license revocation.
• Minimum $1,000 fine.
• Any court-ordered restitution.
• Possible Alcohol Safety Action Program (ASAP).
• Possible ignition interlock device.
• Possible restricted driver’s license.
• Felony charge, which means your vehicle, is subject to seizure and forfeiture.

• Administrative license suspension until your trial.
• $1,000 fine.
• Any court-ordered restitution.
• License revocation for an indefinite time period.
• Minimum of 1 year in jail.
• Possible Alcohol Safety Action Program (ASAP).
• Possible ignition interlock device.
• Possible restricted driver’s license.
• Felony charge, which means your vehicle, is subject to seizure and forfeiture.

• Disqualification for one year if you have a BAC of 0.04 or higher or are under the influence of drugs while driving or refuse a blood test.
• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the 2nd time.
• Even if you committed the offense in a non-commercial vehicle and have been granted restricted driving privileges, by the court you remain disqualified as far as your CDL is concerned till the period of suspension is over and the other conditions are met.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
• Up to a $2,500 fine.
• Up to 1 year in jail.

Your CDL disqualification won’t necessarily affect your regular driver’s license. The Federal Motor Carrier Safety Administration (FMCSA) handles all regulations and penalties associated with commercial vehicle drivers throughout the country. Visit the FMCSA’s Disqualification of Drivers for specific information.

VIRGINIA BREATH TEST REFUSAL PENALTIES

• 1st offense: license suspension for 1 year, in addition to any other suspension periods. (Assuming you don’t have any previous DUI convictions)
• 2nd offense: your license is suspended for 3 years and you get a Class 2 misdemeanor.
• 3rd or subsequent offense: your license is suspended for 3 years and you get a Class 1 misdemeanor.

VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Everyone who gets a DUI conviction must report to an Alcohol Safety Action Program (ASAP). ASAP is VA’s DUI program, and during the initial visit drivers receive a screening and probationary oversight for license reinstatement. During this period, the ASAP professionals will determine which, if any, education, intervention, and treatment programs are necessary. If ASAP assigns you to an education program, the number and duration of classes will depend on the program; you will, however, pay out of your own pocket.

Visit the Virginia Alcohol Safety Action Program online to learn more about your specific requirements and how to locate the nearest ASAP office.

IGNITION INTERLOCK DEVICE

The courts and VA DMV require nearly everyone with a DUI conviction to have an ignition interlock device (IID) as part of their restricted driving privileges (see below) and path toward restoring full driving privileges.

Here’s what you need to know:

• The court requires an IID on your primary vehicle for a first-offense DUI.
• The court requires an IID on every vehicle you own, co-own, or operate if you have a second, third, or subsequent DUI conviction.
• You’ll most likely keep the IID for a minimum of 6 months (during which you can have no alcohol-related incidents), and you’re in charge of paying the $20 fee.

Additionally, IIDs come along with an ASAP, so you must complete the ASAP Pre-Enrollment and Ignition Interlock Pre-Qualification Form.

Please refer to the state’s Virginia is Tough pamphlet for more details on IIDs and violation penalties.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license, once the period of suspension or revocation is over. Reinstating a license after a suspension of a year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. For this you will have to go in person to the DMV taking with you your proof of identification and residence as well as a court order granting you Restricted Driving Privileges. In addition, there may be one or more requirements stipulated by the court depending on the nature of the offense for which the license was suspended or revoked. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the Virginia Alcohol Safety Action Program (VASAP) followed by an interview, pay the reinstatement fee of $45 to $160, as well as court costs, fines and licensing fees if applicable. You also have to maintain proof of financial responsibility for 2 years from the date of suspension/revocation by filing SR-22, if needed.
• If you are being convicted for a 3rd or subsequent time, 2nd time within 3 years or even the 1st time if your BAC was 0.15 or higher, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can pay the fees & complete reinstatement procedures at a DMV Customer Service Center.

FR-44: Car Insurance and Proof of Financial Responsibility

• Virginia requires drivers with DUI convictions to file an FR-44 Financial Responsibility Certification; as such, you’ll have to carry coverage much higher than the usual policy requirements.
• Once you’re able to carry regular car insurance again, you might have some trouble finding affordable rates. Lots of auto coverage carriers hike up costs for people with DUIs on their driving records, or steer clear of them altogether.