Virginia DUI First Offense

In the state of Virginia a person will be arrested and charged with a first offense DUI charge if they are stopped by an officer while operating a motor vehicle, boat or water craft and have not been previously convicted of a DUI charge within the past 10-years and that person is found to have a blood alcohol concentration level of .08% or greater per section 18.2-266. of the Virginia DUI law code. A person will also be arrested if they are found to be under the influence of a drug or intoxicant and their ability to drive has been affected.

If a person has been involved in an accident and the officer on scene has probable cause to believe you have been driving under the influence you will be arrested for DUI. You may also be arrested on a first offense DUI charge in Virginia if you are stopped by an officer and found to have an open container in the vehicle with any amount of the contents of the container removed and you exhibit signs of being under the influence.

Virginia Administrative Drivers License Suspension

Upon being arrested for a first offense DUI charge in Virginia the arresting officer will confiscate your driver’s license and issue you a “Notice of Suspension”. You only have 7 days from the date that you were issued the notice in which to request an administrative hearing with the Virginia DMV if you hope to avoid a 1-year suspension of your driving privileges.

If the suspension of your driver’s license is upheld at your administrative hearing the court has the authority to issue you a restricted driver’s license. It is highly recommended that you contact a Virginia DUI lawyer who has experience in representing clients at administrative license hearings if you hope to have a successful outcome at your hearing.

Jail Sentencing

The jail time for a first offense DUI conviction in Virginia will be at the courts discretion if your BAC level was below .15%. If your blood alcohol concentration level was between .15% and .20% you will have to serve the mandatory minimum jail sentence of 5-days. Anyone with a BAC level of .20% or greater will be required to serve a minimum jail sentence of 10-days.

If there was a passenger under the age of 17 in the vehicle at the time of the arrest, you will be subject to an additional 5-day jail sentence.

Fines

The mandatory minimum fine amount for a first offense DUI conviction in Virginia is $250.

If there was a passenger under the age of 17 in the vehicle at the time of arrest, you face an additional fine in the amount of $500 to $1,000.

Ignition Interlock

A first offense DUI conviction in Virginia can result in the court ordering the installation of an ignition interlock device for a period of time following the reinstatement of your driver’s license or the issuance of a restricted driver’s license for any offender with a BAC of .15% or greater.

License Suspension

A person found guilty of a first offense DUI in Virginia will have their driver’s license suspended for a period of 1-year. The court does have the authority to issue a restricted driver’s license for first time offenders. If you are a first time offender and you refused to submit to a chemical test you will not be eligible for a restricted license and you will have to wait until the 1-year suspension period is up before your license is reinstated.

Before the Virginia DMV will reinstate your driver’s license following your suspension period or issue you a restricted license you will have to pay all the mandatory reinstatement fees and provide proof of financial responsibility in the form of a Virginia SR22 insurance filing.

Virginia First Offense DUI Under 21

Anyone under the age of 21 who is arrested on a first offense DUI charge in Virginia for having a BAC level of .02% - .08% will have their driver’s license suspended for at least 6-months. They will also have to pay a fine of $500 - $2,500 and possibly face jail time.

Anyone under the age of 21 who is arrested for a first offense DUI in Virginia for having a BAC level of .08% or greater will be facing the same penalties as someone over the age of 21 would face for the same offense.