Is a DUI a Felony in VA?

Every year, people go out in their cars and drive while they have some level of alcohol in their bodies. There are certain times of the year when this is worse, such as Thanksgiving and the holidays, but it’s a problem that has always been a concern to law enforcement. If the police stop you or you have an accident, then you automatically get a blood alcohol test. Readings over the legal limit result in a DUI (Driving Under the Influence) In Virginia, it’s called a DWI (Driving While Intoxicated). Each state has its own laws regarding DUIs, but is a DWI a felony in VA or is it a lesser offense?

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In the past 30 years in Virginia, the number of alcohol-related fatalities has decreased by 37% according to the DMV (Department for Motor Vehicles). However, there’s still a 1 in 6 chance that you will be involved in an alcohol-related accident.

Despite the drop in fatalities, there are still many accidents and DWI convictions in Virginia each year. It;s also important to consider the effect of safer cars on the 30-year drop in fatalities as opposed to less alcohol-related driving.

Of the 819 traffic fatalities in 2018, 278 were alcohol-related, and 19,700 received a DWI conviction in the same year.

DWI Law in Virginia

Like any other state, Virginia has set blood alcohol levels that trigger a DWI. If you are a driver under the age of 21, then the legal limit is under .02%, and for those over 21, the limit is .08% or higher.

In 2012, Virginia introduced a new law that attempted to deal with drink driving. For first offenders, there was a new requirement to have a certified ignition interlock device (IID) fitted to their car. This is fitted for six months and the driver has to have no alcohol-related violations in that time.

Virginia now has some of the toughest DWI laws in the US, but there’s still evidence that the rate of alcohol-related incidents is increasing. In 2020, Virginia further enhanced the penalties for DWIs:

  • Drink driving that causes permanent and significant impairment to another person has been increased from a class 6 felony to a class 4 with 2 to 10 years prison time.
  • Class 6 felony for incidents that cause serious bodily injury but is not disabling.
  • DUIs while operating watercraft now also included as Virginia is a coastal state.

Is a DUI a Felony in Virginia?

In the past, DWIs were often considered a misdemeanor if it was your first offense. These penalties would then increase for subsequent offenses. However, with the change in the law, even first time DWI offenders are charged with a felony.

  • First offenders can receive jail time for up to 12 months and fines ranging from $250 – $2,500. They will also have their license suspended for 12-months and require an IID fitted before they resume driving.
  • Second offenses come with a jail time of 10 days to 12 months, a three-year license suspension, and a $500 – $2,500 fine. It also requires an IID to be fitted for six months.
  • Third offenses see jail time increase to between 90 days and 5 years. There is also a fine between $1,000 – $2,500 and an indefinite suspension of their driving license.

DWI offenses now also include any illegal drugs and other substances that are in the blood as well as alcohol. It’s hoped that with these enhanced DWI laws, the state of Virginia will be able to reduce the number of accidents and fatalities linked to alcohol.

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