What Are the Different Levels of DUIs in Virginia?

Virginia recognizes three types of driving while under the influence.

  • Someone drives under the influence of alcohol (DUI).
  • Someone drives with a blood alcohol content (BAC) of .08 or higher (DWI).
  • Someone drives while under the influence of other types of intoxicants, including marijuana or drugs (DUID).

This article will refer to DUI as a catch-all for all categories of driving impaired.

Virginia has some of the most stringent DUI laws in the country. While several other states offer easy first-offense dismissal or the opportunity to reduce the charge from DUI to reckless driving (a lesser offense), Virginia does not. That means even a first-time offender may face serious consequences. The court has the latitude to decide whether to impose minimum or maximum penalties, and each case will vary depending on a number of factors, including the BAC of the driver, whether any other vehicles were involved in the incident, and if anyone was injured or killed because of the DUI. What’s described here is just an outline of what might happen.

It’s also vital to understand that anyone with a BAC of at least .08 is considered to be driving under the influence in Virginia. However, someone 21 or older who has a BAC under the .08 threshold but appears to be impaired could also be charged with a DUI. Anyone under 21 could be charged with a DUI if their BAC is as low as .02.

Misdemeanor DUIs in Virginia

A misdemeanor is a lesser charge than felonies, but they can still have significant consequences.

DUI First Offense

A first offense could face up to a year in jail along with a year’s license suspension. However, if the BAC is under.15, it’s possible there could be no jail time, while a BAC of .15-.20 could have a mandatory minimum of 5 days in jail, and a BAC greater than .20 could have a minimum of 10 days in jail.

Second DUI in 10 Years

A second DUI conviction within 10 years of the first could face a minimum of 10 days to 1 year in jail, along with a 36-month license suspension. However, a BAC of .15-.20 could have a mandatory minimum of 20 days in jail, and a BAC greater than .20 could have a minimum of 30 days in jail.

Second DUI in 5 Years

A second DUI conviction within 5 years of the first could face a minimum of 20 days to 1 year in jail, along with a 36-month license suspension. However, a BAC of .15-.20 could have a mandatory minimum of 30 days in jail, and a BAC greater than .20 could have a minimum of 40 days in jail.

Felony DUIs in Virginia

A felony is considered a more severe crime than a misdemeanor and usually results in stricter consequences.

Third DUI in 10 Years

A third DUI conviction within 10 years of the first two could face a minimum of 90 days to 5 years in jail, along with a license suspension of indefinite length. However, a BAC of .15-.20 could have a mandatory minimum of 100 days in jail, and a BAC greater than .20 could have a minimum of 110 days in jail.

Third DUI in 5 Years

A third DUI conviction within 5 years of the first two could face a minimum of 180 days to 5 years in jail along with a license suspension of indefinite length. However, a BAC of .15-.20 could have a mandatory minimum of 190 days in jail, and a BAC greater than .20 could have a minimum of 200 days in jail.

Fourth DUI in 10 Years

A fourth DUI conviction within 10 years of the first three, regardless of BAC, could face a minimum of 1-5 years in jail along with a license suspension of indefinite length.

What Are Some Possible Defenses to DUI Charges in Virginia?

Every DUI case is unique, so what works for one may not work for another. It’s best to walk through the factors of your case with an experienced DUI attorney who can advise you on the best approach for yours. The following are examples of things that may help someone’s DUI case.

  • The field sobriety test wasn’t properly conducted. There are strict protocols for how field sobriety tests should be done, and if they aren’t followed, the case could be dropped.
  • Improper arrest. If the police didn’t have reasonable grounds for pulling the driver over, any evidence collected may be suppressed, leaving them without a case to prosecute.
  • Breathalyzer or blood testing flaws. There are many times when breathalyzer or blood tests can be deemed inadmissible or inaccurate, and that can play a significant role in having charges reduced or thrown out.

What Should I Do if I’m Charged with a DUI in Virginia?

Call Scott Nolan Criminal Defense as soon as possible at 703-688-9236 to request a free case evaluation. The consequences of being convicted of a misdemeanor DUI are harsh, and they’re worse if it’s a felony. We can walk through the specifics of your case to determine the best approach that could lead to the best possible outcomes.