Virginia Drunk Driving Laws

Like every other state, Virginia has a number of guidelines in place to limit the amount of alcohol a person can have in his or her system when operating a vehicle on state roads. In addition to these restrictions, the state’s legislation outlines the exact actions that can lead to a driver’s arrest and mandates penalties for those who are convicted of driving under the influence (DUI). To avoid these consequences, it is extremely important to be aware of the Virginia drunk driving laws before you find yourself facing criminal charges for DUI.

When it comes to determining whether a driver should be arrested for driving under the influence, officers rely on a metric known as blood alcohol content (BAC). Designed to measure the amount of alcohol found in a driver's bloodstream, BAC can be calculated through chemical tests, such as a breathalyzer and blood or urine test. Under state law, all drivers are required to submit to such testing if an officer feels it is necessary—and a refusal will automatically lead to your arrest.

From a legal standpoint, any driver who has a BAC of 0.08% or higher is deemed impaired. Therefore, regardless of your ability to drive, it is against the law to operate a vehicle with a BAC above this limit. If you are under 21 or operate a commercial vehicle, you may even be arrested if your BAC is below 0.08%.

For example, an underage driver is considered impaired once his or her BAC reaches 0.02%, while individuals who operate a commercial vehicle (such as a bus, tow truck, or tractor trailer) can be charged with DUI if their BAC is 0.04% or higher.

The penalties for a Virginia DUI conviction will depend primarily upon the circumstances of your arrest, as well as your prior history of the offense. If you have no prior convictions and there are no extenuating factors, the maximum penalties you will face include a $250 fine, one-year license suspension, and five-day jail sentence. However, this punishment will be far more severe if you already have a DUI on your record or had a passenger under 18 in your vehicle at the time of your arrest. Additional penalties may also be applied if your BAC was 0.15% or higher.

If you were recently arrested for driving under the influence in Virginia, it is important to obtain legal representation immediately if you want to avoid the consequences of a DUI conviction. To determine the best course of action for your case, submit your information online today and receive a free, no-obligation consultation with an experienced drunk driving defense attorney in your area.