If you reside in Virginia, you’ll be charged with driving under the influence of alcohol if your blood alcohol concentration is 0.008% or more. Commercial drivers are charged with the same crime if their BAC is at least 0.04%. In the Old Dominion, a first and second-time DUI is a class 1 misdemeanor and attracts a 12-month jail term or a fine up to $2,500. Most first DUI offenders, however, pay a $250 fine for a first conviction and $500 for a second one. They also have their driver’s license suspended for a year. A third DUI is considered a felony, and a conviction has more severe penalties. But even after facing the criminal penalties of driving under the influence, there are still some inescapable collateral consequences.
A DUI conviction will result in a criminal and Virginia DMV driving record. You may have to complete the Virginia Alcohol Safety Action Program (VASAP), and your insurance coverage requirements will also be impacted. These penalties may seem too cumbersome a burden to carry around for too long. That’s probably why offenders often ask, “How long does DUI stay on record in VA?”
DUI Criminal Record
A criminal record details an individual’s entire criminal history including charges, arrests, and convictions. In Virginia, law enforcement agencies can look up your criminal history and use it in subsequent trials. Third-party data brokers can also provide these details to organizations where you’re applying for employment, child adoption, housing, immigration, or security clearance. In Virginia, some criminal records like DUIs are publicly available forever, unless the convicted driver proves their innocence.
Juvenile DUI Criminal Record
Many drivers who are convicted of driving under the influence in Virginia are college or university students. These young drivers may find it easier to get alcohol than they would have at home. Some of them have access to cars and aren’t mature enough to appreciate the long-term consequences of drunk-driving. The strict enforcement of DUI laws in Virginia college towns also results in more students having run-ins with the police over drinking and driving. Drunk drivers under the age of 21 can face the same penalties as adults including fines, suspended licenses, and possibly jail time. If you’re over 18, the criminal record stays with your forever. Juvenile offenders’ records may, however, only exist until they turn 19, after which they’ll be sealed.
DMV Driving Record
A DMV driving record includes an individual’s driving violations, including collisions, suspensions, revocations, and deferred prosecutions. Whenever you’re convicted of a traffic-related offense, a particular number of demerit points are attached to your driver’s license. A DUI carries six demerit points that’ll exist for two years from the date of conviction. The conviction, however, stays in your driving record for eleven years. This “look-back” period has a significant influence on penalties for any future DUI convictions. For example, if you’re a second offender who commits another DUI after 11 years, you’ll be charged as a first offender and pay a fine. If you had committed the same crime after 10 years, it would be a felony and carry a much stiffer penalty.
DUI and Car Insurance
In Virginia, a DUI conviction also has collateral consequences on your auto insurance. Your car insurance company may increase your premiums, limit your coverage provisions, or at the very worst, refuse to renew your policy. The Virginia DMV also requires that DUI offenders file a Financial Responsibility Certificate (FR-44), which guarantees that, as high-risk drivers, they have the required auto insurance coverage. How long does a DUI stay on your record in VA for your auto insurance? You’ll likely have to maintain the FR-44 certificate and pay higher premiums for three years until your revocation period expires.