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Virginia DUI Information

In Virginia, anyone with a blood alcohol level of .08%, or greater, is considered to be DUI.  First time offenders will be subject to incarceration for up to one year, up to $2,500.00 in fines, required entry into the Alcohol Safety Action Program and a driver’s license revocation for one year.  Immediately following arrest, individuals who fail the blood alcohol content test will have their license suspended for seven days.  This suspension is completely different than that one year revocation period for those who are actually convicted. 

In Virginia, any individual who is operating a motor vehicle is giving their implied consent to submit to testing.  Anyone refusing to submit to a blood alcohol content test will face an additional license suspension for a minimum of seven days and a maximum of one year.  This is true regardless of the final outcome of the test or court ruling.  For instance, an individual may pass their roadside test, but will face license suspension for the mere fact that they refused the initial test.

Virginia offenders may be required to undergo some type of alcohol evaluation and/or treatment program if the court deems it necessary.  In some cases, a restricted license may be issued if the court feels the driver is not a threat to the general public.  This type of temporary license will allow the offender to drive to and from certain places, including work, school, medical appointments and/or court ordered treatment programs.

Youthful offenders, who consist of anyone under the age of 21 with a blood alcohol content of .02% but less than .08%, will be subject to license suspension for a period of 6 months and a fine of up to $500.00.  Youth offenders whose blood alcohol content exceeds .08% will face the same penalties as adult offenders.  Any individual who is involved in a DUI, which causes personal injury or death, may face felony charges and much harsher penalties.

Upon conviction or an admission of guilt, DUI offenders are commonly faced with problems relating to their insurance company.  Immediately being labeled as “high risk” drivers, offenders are often dropped by their insurance company altogether or, at the very least, are required to pay much higher rates than before.  In the event that the offender is forced to look for a new insurance provider, he/she may have a difficult time finding a new company who offers high risk policies but, if they do, the rates will likely be extremely high for the amount of coverage granted.





DISCLAIMER: This website provides only general information intended to be a starting point for most legal issues. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist.