The DUI Laws in Virginia have set the blood alcohol level, or blood alcohol concentration (BAC) benchmark for an impaired driver at .08%, same as that followed throughout the country. However, Virginia DUI laws specify a lower limit of BAC for commercial and underage drivers at .04% and .02% respectively. That apart, a person operating a motor vehicle under the influence of controlled substances or prescription drugs that impair the driving ability of an individual can also be convicted for drunk driving in the state of Virginia. According to the DUI Laws in Virginia, driving under influence or while intoxicated is a Class 1 misdemeanor and can even lead to the impounding of vehicle.
The maximum punishment for a first Virginia DUI offense is a fine of $2,500, a jail term and license suspension for a year. As per Virginia DUI laws, a first time offender with a BAC of less than 0.12% who has not caused any accident does not have to serve jail time. However, it does not mean that the jail term is suspended completely. It simply becomes an unsupervised probation for a first time offender who follows all the orders given by the court and maintains good behavior. In addition to that, DUI Laws in Virginia mandate all convicted people to enter the Virginia Alcohol Safety Action Program that costs $300.
Second DUI offense in Virginia carries the punishment of suspension of driving privileges for 3 years, a minimum jail time of 20 days and a maximum jail time of 1 year, and a minimum fine of $500. The mandatory imprisonment term for this offense increases by 10 days if your previous DUI conviction occurred less than 10 years ago. A second time drunk driving offender is also required to attend the Alcohol Safety Action Program (ASAP) at his or her own expense. In case there is less than 5 years gap between the first and second conviction of an offender, he or she will be required to get an ignition interlock device before getting restricted driving privileges as outlined by DUI laws in Virginia.
The severity of penalties and punishment increases with every DUI conviction in the state of Virginia. Accordingly, Virginia DUI laws have outlined the strictest punishment for a third time offender. The minimum jail term for third drunk driving conviction in Virginia is 90 days if the previous conviction occurred within 10 years and 6 months if the previous conviction occurred within 5 years. That apart, the convicted person has to pay a minimum fine of ,000 and a fine of $50 to the Trauma Center Fund. Additionally, his or her license will be suspended indefinitely though he or she may petition court after 5 years. It is possible to reduce the severity of this punishment by hiring a good DUI lawyer to build a strong defense.