Virginia DUI Penalties First Offense

What happens to First Time Offenders in Virginia?

Virginia DUI Penalties can result to a class 1 misdemeanor.  A first time offense is punishable by up to one year in jail and/or up to $2500 in fines.

Virginia requires entry into ASAP (Alcohol Safety Action Program) and a one-year revocation of the defendant's drivers license upon conviction for a first time offense.

You are presumed to be intoxicated if you have a BAC (blood alcohol content) of .08 or above. If you are charged with a Virginia DUI, your driver's license will be suspended for seven days immediately after arrest. This seven day suspension is separate from the one year license revocation you will receive if you are convicted. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.

1st Offense: Virginia DUI Penalties
Class 1 Misdemeanor requiring a maximum 12 months jail time
$250 Minimum fine
12-month license suspension
Immediate license restriction for 7 days

First time offenders convicted of a Virginia DUI with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.  Please note, in Virginia a defendant is required to serve half of any jail sentenced imposed on a misdemeanor (ex. a 30 day sentence would require an actual sentence of 15 days.)  However, a mandatory minimum sentence, as stated above, require the defendant to serve the entire sentence, thus, 10 days would mean 10 days.

With BAC at .15 - .20:
5 days mandatory minimum jail time
$250 Minimum fine
12-month license suspension with Ignition Interlock installed on your vehicle
Immediate license restriction for 7 days

With BAC at .21+
10 days mandatory minimum jail time
$250 Minimum fine
12-month license suspension and Ignition Interlock installed on your vehicle
Immediate license restriction for 7 days

Alcohol Safety Action Program:

This is a 20 hour program which focuses on substance abuse and driving, substance abuse and health, and self evaluation of potential for substance abuse.  You will be placed on probation by the court and given a restricted license and ordered to report to the local ASAP office to sign up for the class. Offenders who fail to meet the requirements of ASAP probation will be returned to court as non-compliant and subject to revocation action by the court.

To find an ASAP program near you visit their website. Click here for more on Virginia DUI Penalties and laws.