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DUI: What happens when you get convicted of §18.2-266?

What happens when you get convicted of a DUI?  In Virginia, the DUI statute can be found in §18.2-266,  the text of the statute can be found below.  The first offense is a serious crime, and it only gets worse.   Many factors can increase the severity of the punishment for a DUI.  Some of those can be prior DUI convictions, the age of any passengers, your BAC (blood alcohol content), and many others.  The list below is not all inclusive, but shows some of the repercussions of a DUI conviction.

First Offense

  • Up to 12 months in jail and/or
  • $2500 fine.
  • Administrative license suspension for 7 days.
  • License revocation for 1 year.
  • Increased insurance rates.
  • Any court-ordered restitution.
  • Alcohol Safety Action Program (ASAP).
  • Ignition interlock device.
  • Criminal record.

Second Offense

  • Administrative license suspension for 60 days.
  • Minimum $500 fine.
  • Indefinite license revocation.
  • Increased insurance rates.
  • If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail.
  • If within 5 years to 10 years of the first offense, a mandatory minimum 10 days in jail.
  • Any court-ordered restitution.
  • Ignition interlock device.
  • Criminal record.

Third Offense

  • A Felony Charge if within 10 years
  • Administrative license suspension until your trial.
  • If within 5 years: Mandatory minimum 6 months in jail.
  • If within 10 years: Mandatory minimum 90 days in jail.
  • Indefinite license revocation
  • Increased insurance rates.
  • Minimum $1,000 fine.
  • Any court-ordered restitution.
  • Alcohol Safety Action Program (ASAP).
  • Ignition interlock device.

What happens if you have an elevated BAC or Blood Alcohol Content?  These penalties are in addition to the penalties outlined above.

BAC of At Least .15% – .20%

  • First offense: Additional 5 days mandatory in jail.
  • Second offense: Additional 10 days in jail (if within 10 years of the first offense).

BAC Higher than .20%

  • First offense: 10 days in jail.
  • Second offense: 20 days in jail (if within 10 years of the first offense) and a $500 fine.

Transporting Children While Under the Influence

If you’re charged with a Virginia DUI offense and have a minor (someone 17 years old or younger) in the vehicle, not only are you responsible for all the regular DUI penalties, but you’re also subject to:

  • An extra 5 days in jail.
  • Additional fines between $500 and $1,000.

 

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.

The content of this Blog/Web Site does not constitute legal advice.  Because legal advice must be tailored to the specific circumstances of each case and laws are constantly changing, you should seek the assistance of licensed and competent legal counsel for specific legal advice.



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