Having a DUI charge can be devastating to your career, your family, and your life. If you are convicted of a DUI in Virginia, there are several penalties that you may face. There are penalties for the first time, a "wet reckless" DUI, and a third impaired driving offence.
Those arrested for DUI in Virginia face a variety of penalties. They may be given community service, fines, or even jail time. If you are charged with DUI, you must get legal counsel to help you minimize penalties and avoid jail time. DUI is a severe offence in Virginia, and the penalties for first offences can be very high. If you are charged with a DUI, it's best to contact an experienced Virginia DUI attorney who can give you a free consultation.
A first-offence DUI in Virginia carries a maximum jail term of one year. This is in addition to a license suspension of up to one year. It's also possible for penalties to include fines, community service, and even ignition interlock devices. The Virginia Alcohol Safety Action Program (VASAP) is an additional requirement for first-time DUI offenders. It involves drug and alcohol evaluations and treatment. VASAP usually is a 10-week class.
Unlike a first offence, the penalties for second offences for DUI in Virginia are more stringent. The court can require you to pay a substantial fine, spend time in jail, or lose your driver's license. In Virginia, you can be charged with a DUI if your blood alcohol concentration (BAC) is between 0.05% and 0.08%. If your BAC was higher, you might be charged a higher fine. The maximum penalty for a second offence is $2,500. You may also be required to install an ignition interlock device on your vehicle for six months.
In Virginia, a second DUI is considered a class one misdemeanour. It carries a mandatory minimum sentence of twenty days in jail. This is in addition to the $500 fine required of all second DUI offenders. A third DUI offence in Virginia is charged as a felony. The court can order you to spend up to five years in state prison or indefinitely suspend your driver's license.
Unlike second DUI offences, penalties for third-impaired driving offences in Virginia are much more severe. A third DUI offence is treated as a felony criminal act. If you have been convicted of a felony DUI, you may lose your right to bear arms and have your driver's license suspended.
A third DUI conviction in Virginia also carries a felony criminal record, which can impact your employment and civil rights. In addition to losing your driver's license, you could also have your vehicle confiscated. You could also be forced to use an ignition interlock device.
For a third DUI, you could face a minimum mandatory jail sentence of six months. However, the length of the sentence can increase based on several factors. You could also be ordered to pay a fine of up to $1,000. If you are convicted of a DUI, you may be required to enrol in the Alcohol Safety Action Program (ASAP) and take a substance abuse evaluation. You may also be required to provide proof of insurance.
Depending on the jurisdiction, penalties for a "wet reckless" DUI in Virginia can be much less severe than those for a DUI. There are no mandatory sentencing enhancements for repeat offenders and no minimum probation period. If you are charged with wet reckless, you can expect to be fined, serve short probation, and attend an alcohol safety action program.
The court may require you to install an ignition interlock device, or IID, as a condition of probation. You can also be ordered to participate in a Virginia Alcohol Safety Action Program (VASAP). VASAP will depend on the deal you reach with the prosecutor.
In some cases, a Virginia court will suspend your driver's license for some time if you are convicted of wet reckless. In other cases, you may be given restricted permission to drive to work or school.
The DMV will suspend your license if you refuse to take a chemical test. You can also receive a fine, which is usually $390. You will be required to obtain SR-22 insurance to reinstate your driving privileges.