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Virginia DWI Laws

In Virginia, one out of 10 Americans is involved in an alcoholic-related crash. This is why it’s
important to know facts about DUI and to avoid this behavior. DUI is a criminal offense in the
state of Virginia. You will be handcuffed and will have to go to court and you must hire a lawyer
to plead innocent.

Drunk driving refers to driving with a BAC of .08% for which you can be arrested. Impaired
driving means that your basic defense driving skills are affected by using drugs. If your driving
is affected by drug influence than you can be arrested for DUI even if you have BAC less than

Breath analysis

If an officer suspects you of being intoxicated you will be subjected to a test which he will
choose for you. Refusing to take the test will result in consequences.

Penalties for breath test refusal

First breath test refusal will suspend your license for 7 days. Second breath test refusal will result
in automatic license suspension for 60 days, or until you go to trial, whichever comes first; if
convicted, your license will be suspended for one year. Third test refusal will result in license
suspension until trial is taken. Test refusal with two DUI convictions will give you a three year
license suspension.

License suspension

The Department of Motor Vehicles imposes its own suspensions the moment you have been
suspended by the courts for a DUI conviction or for refusing a breath test.


After conviction, you will face another round of punishments. You will be convicted for DUI
and will pay a fine of $250 and will face a one year license suspension. After second offense,
you will face a fine of $500, license suspension for three years and jail time for a year. For your
third offense, $1000 fine and an indefinite license suspension will be given to you. You will be
prosecuted and will have to permanently forfeit your vehicle. You will be jailed for 10 days and
will face additional penalties if you are arrested with a BAC of 0.2%. Second offense will earn
you a 20 days jail sentence along with other penalties. You must install an ignition interlock
system for two convictions.

Age Below 21 Years: Zero tolerance law is for drivers under the age of 21 which states that any
driver, below 21, found with alcohol in his system will face a year’s license suspension and 50
hours of community service or fine of $500.

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