 PENALTIES FOR DUI IN VIRGINIA, 2010-2011
The chart below summarizes the legal penalties resulting from a
DUI conviction in the state of Virginia. The penalties listed
below are drawn directly from the Virginia Code. This is only
an informational item, however, and the facts of every case are
unique. So if you have a DUI charge in Loudoun County, we
invite you to contact Biberaj & Snow and consult with us to determine what
is the
best strategy or solution for your particular situation.
|
DUI Offense |
Pre-Trial
Suspension of Driver's License |
Fine |
Jail |
Suspension of Driver's License upon
Conviction |
Eligible for Restricted Driver's License? |
Ignition Interlock Required? |
Can the State Seize your Car? |
|
1st
(misd.) |
7
days |
$250 min. |
range: 0-1yr
BAC .15+ = add 5days
BAC .20+ = add 10 days |
1yr |
Yes |
if
BAC .15+ |
|
|
2nd in 5yrs
(misd. |
60
days
(or until trial) |
$500 min. |
range: 1mo-1yr
(20days mandatory)
BAC .15+ = add 10 days
BAC .20+ = add 20 days |
3yrs |
After
1 yr |
Yes |
|
|
2nd in 10yrs
(misd.) |
60
days
(or until trial) |
$500 min. |
range: 1mo-1yr
(10days mandatory) |
3yrs |
After 4 mos |
Yes |
|
|
3rd in 5yrs
(felony) |
Until Trial |
$1000 min. |
range: 6mo-5yrs
(6mo mandatory) |
indefinite |
No |
|
Yes |
|
3rd in 10yrs
(felony) |
Until Trial |
$1000 min. |
range:90days-5yrs
(90days mandatory) |
indefinite |
No |
|
Yes |
|
4th in 10yrs
(felony) |
Until Trial |
$1000 min. |
range:1yr-5yrs
(1yr mandatory) |
indefinite |
No |
|
Yes |
|
w/ a minor in the car |
|
additional $500-1000 |
additional 5 days |
|
|
|
|
|
Underage DUI (BAC .02+) |
|
|
|
6mo |
Yes |
|
|
|
Refusal to take Breath Test |
|
n/a |
n/a |
additional 1yr |
No |
|
|
|
Refusal,
2nd in 10yrs |
|
$0
- 1000 |
0-6mo |
additional 3yrs |
No |
|
|
|
Refusal,
3rd in 10yrs |
|
$0
- 2500 |
0-1yr |
additional 3yrs |
No |
|
|
|
Prepared by Biberaj & Snow, PC, effective 7/1/2010
Disclaimer: This chart is intended for general interest
only. It is not intended to be nor should it be deemed
as legal advice. Please consult with one of our experienced
lawyers at Biberaj & Snow for the best advice specific
to your case. |
