SR22 Insurance Virginia

Virginia DWI Penalties

Virginia has established penalties for driving while intoxicated (DWI) or driving under the influence (DUI) based on factors such as the driver’s blood alcohol concentration (BAC) at the time of arrest and the number of prior offenses. The following provides an overview of the penalties for DWI/DUI in Virginia:

1. First-time DWI/DUI:
Jail: Minimum 5-day jail term if BAC is 0.15% to 0.20%; minimum 10-day jail term if BAC is above 0.20%.
Fines: Minimum $250.
License Suspension: 1 year.
Ignition Interlock: Required for at least 6 months on any vehicle the offender operates.
VASAP (Virginia Alcohol Safety Action Program): Mandatory attendance and completion.

2. Second DWI/DUI within 10 years:
Jail: Minimum 10 days; additional 10 days if BAC is 0.15% to 0.20%; additional 20 days if BAC is above 0.20%.
Fines: Minimum $500.
License Suspension: 3 years.
Ignition Interlock: Required for at least 6 months on any vehicle the offender operates.
VASAP: Mandatory attendance and completion.

3. Third DWI/DUI within 10 years:
Jail: 90 days for a third offense within 10 years; 6 months if within 5 years.
Fines: Minimum $1,000.
License Forfeiture: Indefinitely.
Ignition Interlock: Required upon restoration of driving privileges.
Asset Forfeiture: Vehicle owned and operated at the time of arrest may be seized and forfeited.

4. Fourth or Subsequent DWI/DUI within 10 years:
Jail: Minimum 1-year jail term.
Fines: Minimum $1,000.
License Forfeiture: Indefinitely.
Ignition Interlock: Required upon restoration of driving privileges.
Asset Forfeiture: Vehicle owned and operated at the time of arrest may be seized and forfeited.

5. Other Considerations:
– The legal BAC limit in Virginia is 0.08% for most drivers, but commercial drivers face stricter limits, and drivers under 21 face zero tolerance laws.
– Refusal to submit to a breath or blood test can result in a 1-year license suspension for a first refusal and even more significant penalties for subsequent refusals.
– Additional penalties and enhanced sentencing can be imposed if there are minors in the vehicle or if the DUI resulted in injury, death, or property damage.

It’s important to remember that these are general guidelines, and specific penalties can vary based on the individual circumstances of each case. Virginia laws and penalties can change over time. It’s always recommended to consult with an attorney familiar with Virginia DWI/DUI law for the most up-to-date and detailed information regarding DWI/DUI penalties in the state.