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Man convicted of 7 DUIs now charged with another

Man already convicted of 7 DUI\'s now facing another.

Virginia DUI Law Information

Drivers arrested for driving under the influence of alcohol or drugs (DUI) in Virginia may be charged with DUI and face jail time, fines, and a driver’s license suspension.

Virginia DUI defined 

It is illegal in the State of Virginia for any person “to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.” Virginia Statute § 18.2-266

Virginia Look Back period: 10 years

If a driver is convicted of a second, third or fourth DUI in less than 10 years from the date of the previous offense their penalties and fines may be enhanced. Under some conditions, fines and penalties may also differ if the offense is committed within 5 to 10 years of the second or third offense.

Criminal DUI Penalties in Virginia

First DUI offense:
(Class I Misdemeanor)
BAC less than 0.15%

  • One year license suspension
  • Fines of $250 up to $2,500
  • Sentenced to a maximum of 12 months in jail
  • BAC greater than 0.15% required to serve a minimum of 5 days in jail
  • BAC greater than 0.20% required to serve a minimum of 10 days in jail
  • Potential mandatory installation of an ignition interlock device with high BAC
  • Completion of the Virginia Alcohol Safety Action Program (ASAP)

Second DUI offense:
Within 5 years
(Class 1 Misdemeanor)

  • Fines of at least $500
  • Administrative license suspension for 60 days
  • Jail time for at least one month with a mandatory 20 day sentence
  • If DUI within 5 years of the previous arrest your license will be suspended for 3 years
  • Mandatory installation of an ignition interlock device for at least six months

Third DUI offense:
(Within 10 years)
(Class 6 Felony)

  • Prison sentence of up to five years
  • 240 hours of community service
  • Fines up to $2,500
  • Indefinite license suspension

Within 5 years

  • Mandatory minimum of $1,000
  • Mandatory minimum of six months in jail

Fourth DUI offense:
(Within 10 years)
(Class 6 Felony)
 

  • Mandatory minimum of one year in prison up to five years
  • Mandatory fines of $1,000 up to $2,500
  • Indefinite license suspension

Administrative Penalties in Virginia

Drivers in Virginia have given their implied consent to submit to a chemical test if they have been arrested for DUI. Failure to consent to the required testing may result in administrative penalties, which are administered by the Virginia Department of Motor Vehicles (DMV) and are imposed regardless of whether the driver is ultimately convicted for DUI.

-First chemical test refusal: Driver’s license suspension for seven days
-Second chemical test refusal: Driver’s license suspension for 60 days or until you go to trial
-Third chemical test refusal: Until the DUI trial

Unlike other states, the Virginia DMV does not offer hearings to challenge the administrative license suspension. ALS hearings are held in the General District Court but because the license suspension is only seven days for the first test refusal it’s unlikely that you could get a DUI lawyer and get to court prior to the deadline.

If it is your second or third DUI, however, it might make sense to contact a lawyer and challenge the suspension.

(Read more: - state laws )





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