What is the punishment for driving under the influence?

08 Dec What is the punishment for driving under the influence?

In Virginia, generally the charge of driving under the influence (DUI) is punished as either a Class 1 misdemeanor or a Class 6 felony. A Class 1 misdemeanor is punishable by up to twelve months in jail and/or up to a $2,500.00 fine. A Class 6 felony is punishable by either one to five years in prison, or by up to twelve months in jail and/or up to a $2,500.00 fine. Whether you are charged with a misdemeanor or felony largely depends on two factors: (a) your blood alcohol content-BAC, and (b) any prior history of driving under the influence convictions. While these are the maximum punishments, it is important to be aware that the General Assembly has also imposed minimum punishment levels for persons convicted of driving under the influence.

For a first offense DUI with a BAC less than 0.14 there is no mandatory jail time. There is a mandatory fine of at least $250. This is a Class 1 misdemeanor.

For a first offense DUI with a BAC between 0.15 and 0.20 there is a five day mandatory jail sentence. There is a mandatory fine of at least $250. This is a Class 1 misdemeanor.

For a first offense DUI with a BAC of 0.21 and over there is a ten day mandatory jail sentence. There is a mandatory fine of at least $250. This is a Class 1 misdemeanor.

For a second offense DUI that occurs within five years of the first offense DUI, there is a thirty day minimum jail sentence. Twenty days of that jail sentence is mandatory and a fine of at least $500 must be imposed. This is a Class 1 misdemeanor.

For a second offense DUI that occurs between five years and ten years from the first offense DUI, there is a thirty day minimum jail sentence. Ten days of that jail sentence is mandatory and a fine of at least $500 must be imposed. This is a Class 1 misdemeanor.

For any second offense DUI that occurs within ten years of the first offense DUI, there is an additional punishment if the BAC was elevated. For a second offense DUI with a BAC of 0.15 to 0.20 the Court must impose an additional mandatory ten days in jail. If the BAC is 0.21 or higher, the Court must impose an additional mandatory twenty days in jail. For either elevated level the Court must also impose an additional $500 fine.

For third offense DUI that occurred within ten years of the prior DUI offenses, the Court must impose at least a mandatory ninety days of incarceration and a $1,000 fine. This is a Class 6 felony.

If you have been charged with a DUI in Virginia, call the Paullin Law Firm for a complimentary 20 minute consultation.

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DISCLAIMER

The preceding material is for information purposes only. The material is not legal advice and does not create an attorney-client relationship. You should consult an attorney for advice on the particular details of your case. Case results depend upon a variety of factors that are unique to each case. Past case results do not guarantee or predict a similar result in any future case.