What Happens If I Am Convicted Of DUI In Virginia?
In the Commonwealth of Virginia, driving under the influence (DUI) is a serious criminal offense. Any person who operates a motor vehicle while impaired by alcohol, drugs, or other substances can face misdemeanor or felony charges.
Upon conviction for this crime, whether misdemeanor or felony, the criminal penalties can be exceedingly harsh. This is particularly true for drivers with previous DUI convictions or high levels blood-alcohol concentration (BAC). In most cases, though, Virginia law imposes three types of mandatory penalties for a DUI conviction:
- Criminal fines;
- Jail or prison sentence; and
- Driver’s license suspension or revocation.
- Criminal Fines
As detailed in Code of Virginia Section 18.2-270, DUI convictions have mandatory criminal fines. If convicted for DUI in Virginia, the fine structure breaks down as follows:
- First Conviction — Misdemeanor charge that generally results in criminal fines of at least $250;
- Second Conviction — Misdemeanor charge that generally results in criminal fines of at least $500;
- Third or Subsequent Conviction — Felony charge that generally results in criminal fines of at least $1,000; or
- Jail or Prison Sentence
In addition to criminal fines, Section 18.2-270 also includes a jail or prison sentence in the penalties for DUI offenses. Any person convicted for DUI in Virginia can face a jail or prison sentence, as explained below:
- First Conviction — Misdemeanor charge that can lead to a jail sentence of five to 10 days, if the driver registers a high BAC;
- Second Conviction — Misdemeanor charge that typically leads to a jail sentence of at least 10 to 20 days;
- Third Conviction — Felony charge that typically leads to a prison sentence of at least 90 days to six months; or
- Fourth or Subsequent Conviction — Felony charge that typically leads to a prison sentence of at least 12 months.
- Driver’s License Suspension or Revocation
On top of the other penalties mentioned above, DUI offenses come with mandatory suspension or revocation of driving privileges under Code of Virginia Section 18.2-271. Depending on the number of previous convictions, if any, the suspension or revocation period can vary greatly:
- First Conviction — The DUI offender will have their driver’s license suspended for a period of 12 months;
- Second Conviction — The DUI offender will have their driver’s license revoked for a period of 36 months;
- Third or Subsequent Conviction — The DUI offender will have their driver’s license revoked for an indefinite period of time.
Contact Us Today for Help
If you have legal questions about the consequences of a conviction for DUI, it is imperative that you contact an attorney. Don’t hesitate to contact the Leesburg criminal attorneys at Simms Showers LLP for a consultation.
