Virginia DUI Laws, Virginia DWI Laws, Virginia DUI Lawyer, Virginia DWI Lawyer

SANCTIONS FOR FIRST, SECOND, THIRD AND SUBSEQUENT VIRGINIA DUI CONVICTIONS
Va. Code 18.2-270, 18.2-270.1, 18.2-271, 18.2-271.1, 46.2-391

OFFENSE	SENTENCE OF CONFINEMENT	MANDATORY CONFINEMENT NOT SUBJECT TO SUSPENSION	MANDATORY M INIMUM FINE *	ASAP	DL SUSPENSION	RESTRICTED DL	IGNITION INTERLOCK REQUIRED
1st DUI Cl 1 Misd	0 minimum/ 12 months maximum	None if BAC less than .15; if at least .15 BAC but not more than .20 BAC 5 addtl days; if more than .20 BAC 10 addtl days	$250 mandatory min.	Required unless court and VASAP conclude not appropriate	12 months by operation of law	May order upon conviction	Yes, at least 6 months during restricted DL period if BAC equals or exceeds .15. Otherwise, permitted but not required.
2nd DUI within 5 to 10 years Cl. 1 Misd.	1 month minimum/ 12 months maximum	10 days; if at least .15 BAC but not more than .20 BAC ? 10 addt?l days; more than .20 BAC ? 20 addt?l days	$500 mandatory min.; $50 Trauma Fund (if BAC at least .15, addt?l $500 mandatory min. fine)	Required unless court and VASAP conclude not appropriate	3 years by operation of law	Eligible after 4 months of suspension	Yes, at least 6 months during restricted DL period
2nd DUI within 5 years Cl. 1 Misd.	1 month minimum/1 year maximum	20 days; if at least .15 BAC but not more than .20 BAC ? 10 addt?l days; more than .20 BAC ? 20 addt?l days	$500 mandatory min.; $50 Trauma Fund (if BAC at least .15, addt?l $500 mandatory min. fine)	Required unless court and VASAP conclude not appropriate	3 years by operation of law	Eligible after 1 year of suspension	Yes, (i) with a restricted DL during time of suspension for at least 6 months, or (ii) for at least 6 months upon restoration of DL if no restricted DL was issued
3rd DUI within 5-10 years Cl. 6 Felony**	1-5 years in prison or up to 12 months in jail	90 days	$1000 mandatory min. $50 Trauma Fund	Not eligible (except with subsequent restricted DL)	Indefinite; May petition circuit court after minimum of 5 years	May petition circuit court after minimum of 3 years	Yes, (i) with a restricted DL during time of suspension for any period during the restriction not less than 6 months, or (ii) for at least 6 months upon restoration of DL
3rd DUI within 5 years Cl. 6 Felony**	1-5 years in prison or up to 12 months in jail	6 Months	$1000 mandatory min. $50 Trauma Fund	Not eligible (except with subsequent restricted DL)	Indefinite; May petition circuit court after minimum of 5 years	May petition circuit court after minimum of 3 years	Yes, (i) with a restricted DL during time of suspension for any period during the restriction not less than 6 months, or (ii) for at least 6 months upon restoration of DL
4th+ DUI within 10 years**	1 year minimum	1 year; plus mandatory probation equal to license suspension period, up to 3 years	$1000 mandatory min. $50 Trauma Fund	Not eligible (except with subsequent restricted DL)	Indefinite; May petition circuit court after minimum of 5 years	May petition circuit court after minimum of 3 years	Yes, (i) with a restricted DL during time of suspension for any period during the restriction not less than 6 months, or (ii) for at least 6 months upon restoration of DL

*The mandatory minimum fines may not be suspended. If the person convicted was transporting a person 17 years of age or younger, the person is subject to an additional fine of $500 to $1000 and an additional mandatory minimum period of incarceration of 5 days.	For a 3rd or subsequent DUI** within 10 years, the Commonwealth may seek forfeiture of the offender?s vehicle pursuant to ? 18.2-270(C)(3).
Effective July 1, 2004 \| Virginia DUI Laws \| Virginia DWI Lawyers \| Virginia DUI Law


Former Virginia Police Officer	Bose Law Firm lawyers consist of a former Fairfax police officer able to analyze police procedure and form unique defenses based on years of experience of conducting hundreds of criminal investigations, and DUI and traffic arrests. Query: Did the police properly pace you in your Virginia reckless driving case pursuant to academy standards? Did the police properly conduct the Virginia DUI field sobriety tests?
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Intro to Virginia DUI Law

VASAP Reference for Virginia DUI Laws: VASAP Overview | VASAP Org Chart | VASAP Background | VASAP Goals in Virginia DUI Law | VASAP Objectives

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