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Drunk Driving Laws in Virginia

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    License Suspension

    • Drivers convicted of a first offense for drunk driving in Virginia face a one-year suspension of the driver's license. Second offenses in the state cause a suspension of three years and those who are convicted of a third offense face an indefinite license suspension. A driver with an indefinite driver's license suspension can petition the state for reinstatement after five years. The length of license suspension in Virginia is mandatory and applies to all convicted drivers.

    Jail Time

    • Jail time for driving under the influence in Virginia increases when blood alcohol levels increase. A first offense for drunk driving imposes a minimum five-day jail term if there is a minor in the vehicle. Blood alcohol level also determines the jail term for a first-time offender. A blood alcohol level between .15 and .2 receive a jail term of a minimum of five days, and 10 days when the level is higher than .2.

      Second offenses for drunk driving in Virginia carry a mandatory jail term of 20 days to one year if the offense occurs within five years of the first drunk driving conviction. Virginia adds an additional five days to the term if a minor is in the vehicle at the time of the offense. Jail time is between 10 days and one month if the offense occurs between five and 10 years after the first offense. A higher blood alcohol level and minors in the vehicle add to the jail term.

      A third drunk driving offense in Virginia carries a jail term of a minimum of six months if the offense occurs within five years of the prior conviction. Offenses within 10 years of a prior offense carry a minimum jail term of 90 days in jail. Additional time is added to the term if minors are present in the vehicle.

    Fines

    • Virginia imposes a minimum fine of $250 for a first drunk driving conviction. A second offense carries a $500 fine and third offenses a $1,000 fine. Additional fines between $500 and $1,000 are added if there is a minor in the vehicle. A third offense for drunk driving also imposes a fine of $50 for the Trauma Center Fund.

    Ignition Interlock Device

    • An ignition interlock device is a breathalyzer attached to the ignition and requires the driver to breathe into the device before it starts. In Virginia, the state requires the use of the device for first-time drunk driving offenders if the blood alcohol level is above .15. The state also requires drivers to install the device after license reinstatement for a second and third offense. The vehicle will not start if the blood alcohol level exceeds .02 percent.

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