Since the implied consent law is applicable in the state of Virginia, drivers cannot even refuse to take the BAC test at the time of dui stop. Refusal to take the test attracts additional Virginia drunk driving penalties that are determined through court hearing. It is important to note that any penalties thus imposed will be additional and mandatory irrespective of whether you get convicted under dui charges or not. The conviction brings the following penalties.
First Dui Conviction In Virginia
When you get convicted for the first time, the following Virginia drunk driving penalties apply.
- You will be required to get enrolled in a specific alcohol safety action program as per court order. You will have to complete this program at your own expense.
- Driving license will be revoked for at least twelve months
- If BAC level is 0.15 or above, ignition interlock device will be required
- If a minor child in the vehicle at the time of dui arrest, the monetary fine will be at least $500 and a maximum $1000.
- In general, the minimum fine is $250
- If BAC level recorded at the time of dui arrest was above 0.20, you will be sent to jail for ten days
- If BAC level was between 0.15 and 0.20 or if there was an under-18 child in the vehicle, minimum five days of jail imprisonment is mandatory.
Second Dui Conviction In Virginia
The second conviction imposes the following Virginia drunk driving penalties.
- It will again be mandatory to complete an Alcohol Safety Action Program
- $50 of fine to Trauma Center Fund
- Additional $500 to $1,000 of fine if minor child in the vehicle
- At least $500 of basic monetary fine
- Three years of license revocation; license reinstatement will depend on the installation of ignition interlock device.
- If an under-18 child in vehicle, additional five days (minimum) of jail term
- If BAC level is above 0.20, additional twenty days of jail term
- If BAC level is between 0.15 and 0.20, additional ten days in jail imprisonment
- The mandatory basic jail imprisonment period may range from just ten days to one month
- The minimum mandatory jail imprisonment period is twenty days if the conviction occurs within less than five years of the previous offence.
Third Dui Conviction In Virginia
The following Virginia drunk driving penalties apply for a third time conviction in a dui case in this state.
- Permanent license revocation; however, you may be offered an option to file a petition for license reinstatement after five years from the date of suspension. If the court orders for license reinstatement, you will be required to install an ignition interlock device in all your vehicles.
- You will have to pay $50 to Trauma Center Fund
- Minimum $1000 of monetary fine is mandatory
- If under-18 child in vehicle, minimum five days of additional jail imprisonment
- If the conviction occurs within five to ten years of the previous offence, minimum ninety days of jail imprisonment
- If the conviction occurs within less than five years of the previous conviction, minimum six months of jail imprisonment will have to be served.
Fourth Or Subsequent Dui Conviction In Virginia
The fourth or subsequent conviction imposes the following Virginia drunk driving penalties.
- Indefinitely loss of driving license; minimum five years of license revocation is mandatory
- You will be on probation unless modified by the court
- You will be spending at least one year in jail imprisonment
- At least $1000 of monetary fine
Punishments For Under-21 Dui Convictions
Under-21 drivers face the following Virginia drunk driving penalties when get convicted under dui charges.
- License will be forfeited for twelve months; in some cases, restricted license may be issued after the convict attends a specific alcohol safety program
- Fifty hours of community service or at least $500 of monetary fine