When you are arrested for driving under the influence of alcohol in Virginia, it is usually unclear what would happen next. It all depends on the blood alcohol content levels of the individual been convicted. The judge may convict them of DUI and they will have to spend some time in the jail (if it is not the first time). The mandatory jail time for DUI in Virginia depends on the number and level of DUI offenses an individual has done. If you are facing a DUI charge, it is imperative to immediately contact a DUI attorney in Virginia to prevent yourself from undergoing severe consequences in case it results in a conviction.
In Virginia, drunk driving is known as driving under the influence (DUI). Like all US states, DUI is measured by blood alcohol concentration (BAC) in Virginia and these levels are based on the age and license type of an individual. An officer who pulls you over will first test your BAC to evaluate the level of offense. Considering the results, you may get arrested for DUI if:
- 0.02 percent BAC if you are younger than 21 years old
- 0.08 percent if you are 21 years or older
- 0.04 percent if you are a commercial driver
ADDITIONAL VIRGINIA CRIMES RELATED TO ALCOHOL AND DRUGS
If you are of the opinion that DUI charges are only pressed against alcohol-related crimes, you are wrong. VA has aggressive legislation against alcohol and drugs that can result in a hefty penalty, license suspension or cancellation, and your freedom.
These include:
- Carrying an open container while you are sat on the passenger seat of vehicle
- Purchasing alcohol for an underage individual
- Possessing alcohol on educational property
- Misleading officials by telling wrong age
In VA, first DUI offense is known as class 1 misdemeanor and if you are caught for driving under the influence for the first time, a fine between $250 and $2,500 may be imposed on you. In addition to this, your driving license will be suspended for one year. In case you are caught and arrested with BAC levels over 0.15% or higher, you may be sentenced to five-day jail time.
MANDATORY JAIL TIME FOR DUI IN VIRGINIA
If an individual is caught and arrested for DUI in Virginia, they can go to jail. In recent years, DUI offense has become common that ends up in sentencing an individual jail time even if it was the first offense. Many individuals who have been caught for the first time as a suspected DUI have spent a night in jail after being transported to the station. Depending on the nature of offense, the person will have to take a breath test on EC/IR II machine and a blood test to evaluate the condition.
The mandatory jail time for DUI in Virginia are as follows:
- FIRST OFFENSE
- 5 days if BAC levels increase 0.15% or higher
- SECOND OFFENSE
- Mandatory one month to one year in jail if the second offense is within fewer than five years of the first offense
- Mandatory 10 days (minimum) jail time if the second offense is within five to 10 years of the first offense
- THIRD OFFENSE
- Six months in jail if the third offense is within five years of the second offense
- 90 days in jail if the third offense is within 10 years of the second offense
- FOURTH OFFENSE
Minimum of one year in jail