Does Virginia Enhance DUI Penalties For Repeat Offenders?

The Virginia Criminal Code prohibits driving under the influence (DUI) of alcohol, drugs, or a combination of substances. Any person who commits DUI in Virginia will face criminal penalties, which includes confinement in jail or prison and expensive fines. There is, however, a substantial difference in the Virginia penalties for misdemeanor versus felony DUI.

What are the Virginia Penalties for Misdemeanor DUI?

The state penalties for misdemeanor DUI appear at Code of Virginia Section 18.2-270. Under this section, it is a Class 1 misdemeanor to commit DUI a first or second time. Depending on the circumstances of the offense, such as a high blood-alcohol concentration (BAC), there are specific and mandatory minimum levels of punishment:

• First Offense — Includes a mandatory minimum fine of $250;
• First Offense (BAC of 0.15 to 0.20) — Includes a mandatory minimum jail sentence of five days;
• First Offense (BAC of 0.20 or more) — Includes a mandatory minimum jail sentence of 10 days;
• Second Offense (within 5-10 years) — Includes a mandatory minimum fine of $500 and a mandatory minimum jail sentence of 10 to 20 days;
• Second Offense (BAC of 0.15 to 0.20) — Includes a mandatory minimum fine of $500 and a mandatory minimum jail sentence of 10 days; or
• Second Offense (BAC 0.20 or more) — Includes a mandatory minimum fine of $500 and a mandatory minimum jail sentence of 20 days.

In addition to the criminal penalties described above, misdemeanor DUI offenses are also subject to mandatory suspension of driving privileges. Under Code of Virginia Section 18.2-271, a conviction for misdemeanor DUI will also result in one to three years of driver’s license suspension.

What are the Virginia Penalties for Felony DUI?

The state penalties for felony DUI also appear under Section 18.2-270. It is a Class 6 felony to commit DUI a third, fourth, or subsequent time. Depending on the circumstances of the offense, such as the timeline of previous offenses, there are specific and mandatory minimum levels of punishment:

• Third Offense (within 5 years) — Includes a mandatory minimum fine of $1,000 and a mandatory minimum prison sentence of 90 days;
• Third Offense (within 10 years) — Includes a mandatory minimum fine of $1,000 and a mandatory minimum prison sentence of six months; or
• Fourth or Subsequent Offense (within 10 years) — Includes a mandatory minimum fine of $1,000 and a mandatory minimum prison sentence of 12 months.

Felony DUI offenses are also subject to mandatory revocation of driving privileges. Any person who commits DUI a third or subsequent time will have their driver’s license revoked.

Contact Us Today for Help

If you have legal questions about Virginia criminal charges for DUI, reach out to the dedicated Leesburg criminal defense attorneys at Simms Showers LLP for a consultation on your case.