In Virginia, it is unlawful for any person to operate a motor vehicle while he/she has a blood alcohol concentration (“BAC”) of 0.08 percent or more, and a DUI conviction carries significant fines and/or jail time.

The punishments for a conviction under Va. Code Section 18.2-266 are set forth in Section 18.2-270 and are as follows:

First Offense – Class 1 Misdemeanor

• Up to 12 months in jail and/or a mandatory fine of $250.00
• BAC of 0.15 but not more than 0.20
  • Mandatory minimum jail time of 5 days;
• BAC of more than 0.20
  • Mandatory minimum jail time of 10 days.

Second Offense

• Second offense occurred within 5 years of a prior DUI
  • Mandatory minimum fine of $500
  • Mandatory minimum jail time of 20 days
• Second offense occurred within 5 – 10 years of a prior DUI
  • Mandatory minimum fine of $500
  • Mandatory minimum jail time of 10 days
• Second offense occurred within 10 years of a prior DUI and BAC of 0.15 but not more than 0.20
  • Mandatory minimum fine of $500
  • Additional mandatory minimum jail time of 10 days jail time
• Second offense occurred within 10 years of a prior DUI and BAC of 0.20 or more
  • Mandatory minimum fine of $500
  • Additional mandatory minimum jail time of 20

Third Offense – Class 6 Felony

• Third offense occurred within 5 years of a prior DUI
  • Mandatory minimum fine of $1,000
  • Mandatory minimum jail time of 6 months
• Third offense occurred within 10 years of a prior DUI
  • Mandatory minimum fine of $1,000
  • Mandatory minimum jail time of 90 days

Fourth Offense

• Fourth offense committed within 10 years of a prior DUI
  • Mandatory minimum fine of $1,000
  • Mandatory minimum jail time of 1 year
  • Probation and under the terms of any suspended sentence for the same period as driver’s license suspension, not to exceed three years

Virginia’s drinking and driving laws are strict and complicated. A DUI conviction can be life changing and, therefore, you should consider seeking legal representation. If you have been charged with a DUI, contact the attorneys at Patel & Williams, PLLC.