Driving Under the Influence in Virginia

DUI offenses in the state of Virginia is a very serious offense. A conviction can be classified as either a misdemeanor or even a felony. A DUI can mean a one of or a combination of the following: operating a vehicle with a blood alcohol level above .08, operating a vehicle while the influence of alcohol, or being under the influence of drugs while operating a vehicle.

In the instance that you are arrested for DUI, within three hours of the offense, you are under state law to submit to a breath test or blood test. If you refuse to do so, you will lose your license. If you continue to refuse to take the test you may suffer criminal penalties. The punishment that a person may incur would all depend of whether or not it was a first, second, or subsequent offense. If the first time offender has a blood alcohol level below 0.15, jail time may not be necessary. However, if the alcohol level is above 0.15, a mandatory jail sentence of at least five days is in order. If the level is 0.20 or above, ten days jail order is mandatory.

Any second and subsequent DUI convictions carry stronger penalties in the state of Virginia. These DUI penalties include six months in jail, loss of license, and even alcohol education/treatment classes. The maximum DUI felony is 5 years in prison. An ignition interlock device may be court ordered to be placed inside of the convicted DUI’s car. The ignition interlock is a breath test device that one must blow into before each time the car is started. The device may also have the person blow into it periodically while driving. The state of Virginia takes DUI laws seriously and does not encourage any type of drinking or driving under the influence.