What is Virginia DUI

under Virginia DUI law?

• Overview
• Maximum Penalties under Virginia DUI law
• Right to Counsel under Virginia DUI law
• Pre-trial enrollment in VASAP

1. A blood or breathalyzer test, resulting in alcohol level of .08% or greater;
2. A blood test indicating the presence of any other drug;
3. Observations by an arresting officer of your driving behavior;
4. Your performance on a series of field sobriety tests.

Virginia DUI law states that Virginia has an "implied consent" law, which means that if you drive in Virginia , you automatically agree to a chemical test for intoxication. If, however, you refuse to take the blood or breath test, you are charged with a separate offense, Failure to Take the Blood or Breath Test , conviction of which carries a mandatory loss of license of 1 year.

Maximum Penalties under Virginia DUI law.
Conviction of a first offense DUI could result in mandatory loss of operator's license for a period of 1 year, a fine of up to $2500, and a possible jail sentence of up to 1 year. Subsequent convictions carry mandatory jail sentences, heavier fines and a longer loss of license. Conviction of a third or subsequent DUI is a Class 6 felony.