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Virginia DUI Laws Penalties And Fines
Virginia Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Virginia drunk driving laws, Virginia DUI, which is called DUI – Operating While Intoxicated - may be proved several different ways:
1. With evidence that you were driving while your ability to operate a vehicle was impaired, to the extent that you suffered a loss of control of your normal thought and faculties as the result of consuming alcohol and/or drugs; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Virginia drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard;
3. With evidence that you drove with the following concentrations of named drugs in your blood:
- 0.02 milligrams of cocaine per liter of blood;
- 0.01 milligrams of phencyclidine (PCP) per liter of blood;
- 0.1 milligrams of methamphetamine per liter of blood
Summary of Illegal BAC Levels in Virginia:
- Adult Driver - DUI with BAC of 0.08 or higher
- Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
- Under 21 Driver – DUI with BAC of 0.02 or higher.
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DUI in Virginia is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Even if your BAC is below 0.08, you can still be DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it. Being below it does not make you legal.
Consequences of DUI Offense in Virginia
A drunk driving conviction in Virginia has serious consequences, which become even more severe with repeat offenses, high BAC test results, refusals to take BAC tests, driving DUI with child passengers under age 18, or causing an injury to someone else while you’re driving DUI.
A DUI conviction in Virginia remains on your record for 10 years, for purposes of calculating repeat offense levels, but some repeater penalties are harsher if your prior offenses are within 5 years.
All drivers convicted of DUI in Virginia may be placed on probation, if a portion of their sentence is suspended.
Felony Virginia DUI defendants may also be allowed to serve all or part of their sentences in a residential substance abuse treatment program.
