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Does Virginia Have Mandatory Minimums for DUI?

Road sign that says "State Law No Driving While Impaired"

When it comes to driving under the influence (DUI), each state has different laws in place that carry different penalties and sentences. If you have been arrested for a DUI, it is good to know what to expect and your rights according to Virginia Law. In this blog, we break down the mandatory minimum penalties for DUIs according to Virginia law.

Does Virginia Have Mandatory Minimums?

Yes. In Virginia, there are mandatory minimums for DUIs. The penalties for these vary depending on the charges and the final convictions. They also vary depending on which offense your charge is.

What Are the Mandatory Minimums in Virginia for DUI?

Your conviction can carry up to ten days in jail for a first-time DUI offense. A second offense can carry up to twenty days in jail, while a third conviction can carry up to six months in prison. A fourth offense carries the steepest mandatory minimum for jail time of one year.

Though jail time varies on the conviction and the offense, many other penalties will come with subsequent convictions.

If your Blood Alcohol Content (BAC) is above the legal limit (0.08 percent or higher), a first-time offense conviction will carry a mandatory, minimum $250 fine and a revocation of your driver’s license for one year. If your BAC is .15 or higher for a rist time offense, you will also carry a mandatory minimum five-day jail term. This will become a minimum ten-day jail term if your BAC is .20 or higher.

For a second offense with a BAC over .08, you will receive a mandatory minimum $500 fine and a driver’s license revocation for three years with a possible jail term of up to one year if convicted. If your second offense was less than ten years after your previous violation, the mandatory minimum jail time would be ten days, twenty days if your BAC is .20 or higher.

Your third offense comes with a mandatory, indefinite driver’s license revocation and a minimum $1,000 fine. Your third offense will mean prosecution as a Class 6 felony. If your conviction comes within five years of your last offense, this means a mandatory six-month prison sentence. If it comes within ten years, it is a 90-day jail mandatory minimum and a forfeiture of your vehicle if you are the sole owner.

For your fourth offense, it is a mandatory minimum of a one-year prison sentence.

For all other penalties and convictions, consult the Virginia Department of Motor Vehicles.

Contact a Criminal Defense Attorney

At Tillotson & Martin, LLC, we believe you do not have to accept the consequences of your charges without a fight. DUI convictions can severely impact your life, from fines and incarceration to challenges of getting a new job or house. Our criminal defense attorneys have decades of experience compassionately working for our clients. You do not have to go through the legal process alone. Let our knowledge and skills help you if you have been charged with a DUI.

Visit us online for a free consultation or contact us at (757) 568-7978.