Driving under the influence of alcohol is a serious offense in Virginia. This act of reckless driving not only puts the drunk driver at risk but also imperils the lives of any other driver on the road. Unfortunately, there are still many cases of DUI where people are driving a vehicle after consuming alcohol. Legal authorities, however, have developed numerous ways to restrict the increasing cases of DUI and related first offense fatalities with Virginia DUI laws.
So what happens when you get a first time DUI in Virginia? We’ll explore that question below.
Strict First Offense DUI Laws in Virginia
Also, Virginia does not have alternate sentencing for a criminal conviction and related offenses. A DUI offense is much more serious than a speeding ticket or other driving offense.
If you’ve been charged with a first DUI offense in Virginia, you need an experienced Virginia DUI attorney who knows the intricacies of the system and the Virginia law. The sooner you discuss your DUI offense with an attorney, the sooner they can analyze your case and craft a Virginia DUI defense plan accordingly.
What are the penalties for a first offense DUI in Virginia?
You will be charged with DUI (Driving under Influence) in Virginia if you are found operating a motor vehicle when your BAC (blood alcohol concentration) is 0.08% or higher. And since the laws are so harsh in the state, sometimes a blood alcohol content or BAC below 0.08% could result in an arrest and charges from an officer with strict penalties.
First time DUI penalties in Virginia:
First offense DUI implies that the driver has no prior DUI cases in the last 10 years. The penalties for your offense will vary based on your blood alcohol content at the time of the test.
- When your BAC is less than 0.15%, you are accountable for a Class 1 misdemeanor that includes a fine up to $2500, 12 months of jail, or 1 year of revocation of your Administrative driver’s license.
- When your BAC is between 0.15 and 0.20, you face the above penalties with a mandatory 5 days of prison before probation.
- If your BAC is above 0.20, you will face all the above penalties with a mandatory 10 days jail sentence before probation.
- If you are under 18 years of age, the judge will add 5 days to the above penalties.
What if you are found guilty of a first DUI offense in Virginia?
If you’re convicted of a first offense DUI, you must attend a VASAP (Virginia Alcohol Safety Action Plan). The offender is first sent for drug and alcohol evaluation and based on the results, a treatment of 20 hours of drug and alcohol treatment is given.
Apart from the monetary penalties ranging from $500- $2500, there could be several hidden costs involved from having a high blood alcohol content and being caught drunk driving. A DUI could also result in a 1-year license suspension in addition to the 7-year suspension period. Once you complete the VASAP program, you’re eligible for a restricted license.
In that case, if the BAC was above .15%, the driver is required to install an ignition interlock device in his car for at least six months after the first offense. You are allowed to drive to work, school, childcare, church, etc.
Jail is a lurking question that will trouble every offender. When the blood alcohol level is above .08% or higher, the judge will presume that you were driving under influence, and you could be sentenced to a mandatory jail sentence. These tough Virginia laws require efficient attorney maneuvering to assist you out of this first-time DUI conviction.
Can my first class DUI get reduced to “wet reckless”?
Your attorney may file for a reduced Virginia DUI in the form of a “wet reckless”. In this case, you will get convicted for reckless driving along with charges of VASAP and restricted license under the DUI charges. However, this reduced first offense sentence is not available in the courts of Northern Virginia. A second DUI in Virginia will lead to a jail time penalty, and a third DUI is considered a felony with mandatory jail. An experienced defense attorney can help you know how to navigate the law.
Charged for DUI? Get help from a Virginia DUI attorney
In the state of Virginia DWI (Driving while intoxicated) is interchangeably used for DUI. When you are charged with DUI, you have 5 days to seek the services of a defense attorney.
A Virginia DUI charge could take a toll on your mental and physical health and disrupt your family, social, and work life. An experienced DUI lawyer in Virginia will work diligently to reduce your DUI penalties and have your first offense case dismissed by the law. Our defense attorneys are committed to exploring the possible DUI defenses while taking the best care of your interests.