When you drive on Virginia’s highways, you provide consent for an officer to give you a breath or blood test if he or she arrests you for driving under the influence. If the test measures your blood alcohol content at above 0.08%, you could receive a DUI conviction.

This type of crime carries harsh penalties in Virginia, including license suspension and fines for a first offense.

Penalties for first and second DUI conviction

Virginia mandates a minimum $250 fine and one-year driver’s license suspension for an initial DUI offense. Those who receive a second conviction must pay a mandatory minimum fine of $500. They will also receive a three-year license revocation.

If your BAC is between 0.15% and 0.20%, you will also receive a mandatory minimum of five days in jail for the first offense. The mandatory minimum term rises to 10 days for BAC over 0.20%.

A second DUI conviction may also carry jail time. If the first offense was fewer than 10 years ago, the mandatory minimum is 10 days in jail, or 20 days if your BAC was above 0.20%. If both offenses took place in the same five-year period, you will receive a mandatory minimum of 20 days in jail and up to one year.

Third and subsequent DUI conviction penalties

Although first and second DUIs are misdemeanor offenses, a third DUI in 10 years is a felony. This crime carries mandatory minimum penalties of:

  • Indefinite driver’s license revocation
  • $1,000 fine
  • Forfeiture of your vehicle
  • 90 days in jail

If the other two convictions took place in the last five years, you will receive a mandatory minimum of six months in jail. All subsequent offenses will carry a minimum of one year in jail. If you were driving on a suspended license, you will receive a mandatory minimum of one to five years in jail and/or a fine of $2,500.

If you receive a DUI charge, it is important to protect your legal rights in court. Penalties can vary significantly depending on the circumstances of your case.