Virginia Drinking and Driving Laws

Virginia Drinking and Driving Laws – DUI

The Commonwealth of Virginia label is drinking and driving as Driving under Influence (DUI) and Driving While Being Intoxicated (DWI). Drinking and driving are judged under the DUI and DWI laws. Non-commercial drivers (above 21 years old) are considered drunk by the law if their blood alcohol concentration percentage exceed 0.08. Whereas the level of blood alcohol concentration of a commercial driver should 0.04% or else he will be considered as drunk. A school bus driver is also a commercial driver. Anyone who is under 21 years of age, must have their blood alcohol level at 0.02% or there will be a drinking and driving charge on them.

Virginia’s DWI laws prohibit all operator or drivers from driving or operating a motor vehicle, which includes boats as well:

  • while under the effect of drugs or alcohol
  • with a blood alcohol concentration of .08% or more
  • with a blood concentration of
  1. 1 milligrams per liter or more of methamphetamine
  2. 02 milligrams per liter or more of cocaine, or
  3. 02 milligrams per liter or more of phencyclidine (PCP).

Penalties for Drinking and Driving – Virginia Law

The Commonwealth of Virginia puts drinking and driving in misdemeanor class 1 category. Like any other crime and the record influence, if there is a record of reckless driving in the past, or there is any traffic violation, then the charges might exceed. On the first offense, the defendant will be charged with a fine of minimum $250 and maximum $2,500, imprisonment for not longer than 12 months and a single day jail is mandatory for the guilty person. But, if there was a minor in the car while you were driving, then your fine will exceed $500. If the defendant blood alcohol circulation was less than 0.20, then ten days of jail is mandatory. The license will be suspended for a year maximum.

After completing the first conviction, the defendant will be put on probation for a specific time. If he commits second drinking and driving crime within five years of the first offense, he will face one month to one year in jail and a minimum fine of $250 to maximum fine of $2,500. If, however, the second offense happened within ten years of the first offense and the offender’s blood alcohol concentration was at least .15 but not more than .20, there is another mandatory minimum jail term of 10 days. If the offender’s blood alcohol concentration was more than .20, the additional mandatory minimum jail term is 20 days. Also, there will be a mandatory minimum fine of $500 for the offender, but the fine can’t be higher than $2,500. Those who commit a second offense within ten years of the first will have their driver’s license canceled for three years.