What the Commonwealth has to prove
Under Virginia Code ยง 18.2-266, it is unlawful to drive or operate a motor vehicle with a blood alcohol concentration of 0.08 or more, or while under the influence of alcohol or drugs to a degree that impairs your ability to drive safely. The prosecution must prove that you were driving or operating the vehicle, and that you were impaired or over the limit at that time.
Penalties for a first DUI in Virginia
- Class 1 misdemeanor: up to 12 months in jail and a fine of up to $2,500, with a mandatory minimum fine of $250.
- License: your license is suspended administratively for 7 days at the time of arrest, and for one year if you are convicted.
- Elevated blood alcohol: a result of 0.15 to 0.20 carries a mandatory minimum of 5 days in jail. Above 0.20, the mandatory minimum is 10 days.
- Alcohol safety program: the court orders completion of the Virginia Alcohol Safety Action Program (VASAP).
- Ignition interlock: a restricted license to drive to work, school and similar places requires an ignition interlock device.
Second and later offenses
Penalties rise sharply with a prior conviction. A second offense within 10 years carries mandatory jail time, a minimum fine of $500 and a three-year license revocation. A third offense within 10 years is a felony.
Breath tests and refusal
By driving on a Virginia highway you are treated as having consented to a breath or blood test after a lawful arrest for DUI. Unreasonably refusing that test is a separate violation. A first refusal is a civil offense that carries a one-year license suspension in addition to anything that happens on the DUI charge itself.
How a DUI charge is defended
Every case turns on its own facts, and no lawyer can promise a result. A careful defense looks at each step the officer took:
- Whether the officer had a lawful reason to stop the vehicle or approach you.
- How the field sobriety tests were given and scored, and whether medical conditions, footwear or the road surface affected them.
- Whether there was probable cause for the arrest.
- Whether the breath or blood test followed the required procedures, including the timing of the test and the certification of the equipment.
- Whether the evidence actually shows who was driving, and when.
Where your case will be heard
DUI charges from Chesterfield County are tried in Chesterfield General District Court, 9500 Courthouse Road, Chesterfield, VA 23832. Your first court date is printed on the summons or bond paperwork. Call before that date so there is time to request the evidence and prepare.
Common questions
Will I lose my license after a first DUI?
A conviction carries a one-year suspension. Many first offenders are eligible for a restricted license that allows driving for work, school and similar needs with an ignition interlock device installed.
Should I just plead guilty and get it over with?
A guilty plea brings the same mandatory penalties as a conviction after trial and leaves a permanent criminal record. Have a lawyer review the stop, the tests and the arrest before you decide.
Is jail mandatory for a first DUI?
Not in every case. Mandatory minimum jail time applies on a first offense when the blood alcohol result is 0.15 or higher, and in some other circumstances.
This page is general information about Virginia law, not legal advice for your situation. Reading it or contacting the firm does not create an attorney-client relationship. Every case is different, and past results do not guarantee a future outcome.