You need
immediate help. You have a very limited time frame (10 days) in which to request
an Administrative Hearing to dispute the License Suspension you may have
received. This suspension is a separate civil matter from the criminal DUI
charges you will be facing.
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Accomack
Virginia DUI
Information
Driving Under the Influence of Alcohol and Drugs
When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because you are under the influence of any drug, you may face the same penalties as driving under the influence of alcohol.
If you are involved in a motor vehicle crash and a law enforcement officer has probable cause, you can be arrested for DUI within three hours of the crash without a warrant and at any location.
If you are arrested for DUI a third or subsequent time within a five-year period, you will not be granted bail while you wait to go to trial. All DUI laws apply to mopeds operated on public highways.
Administrative License Suspension (ALS)
For a first DUI offense and/or breath test refusal, your driver's license will be automatically suspended for seven days if your BAC is 0.08 percent or higher. For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, which ever comes first. For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial. Conviction of a DUI offense will result in suspension of your driver's license and other penalties in addition to the administrative suspension.Criminal Record
Any DUI offense will be reported to the Central Criminal Records
Exchange by law enforcement at the time of your arrest. In other words,
you could end up with a criminal record because of a DUI
arrest.
Zero Tolerance
If you are under age 21, you cannot purchase, possess or consume alcohol. If law enforcement stops you for illegal consumption of alcohol, you are subject to administrative license suspension (ALS). If you are convicted of driving after illegally consuming alcohol and your BAC was at least 0.02 percent and less than 0.08 percent, you can be fined up to $500, have your driver’s license suspended for six months, and face a possible jail term.
Regardless of age, if driving on a DUI suspended or restricted
license, you may be charged with DUI if you drive with a BAC of 0.02 percent or
higher.
Equal Penalties for Under Age 21
Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.
Breath Test Refusal
You do not have the option of requesting a blood test instead of
a breath test for an alcohol-related offense. If you have had a prior DUI
conviction or conviction of breath test refusal, you will be charged with a
Class 2 misdemeanor for refusing to take a blood alcohol test. If you have had
two DUI convictions or conviction of breath test refusal within a ten-year
period, you will be charged with a Class 1 misdemeanor. Both offenses carry a
three-year license suspension.
Penalties
Conviction for DUI
First offense
Mandatory, minimum $250 fine
Driver’s
license revocation for one year Conviction for DUI second offense
Mandatory, minimum $500 fine
Driver's license revocation for three years
Possible jail term up to one year Conviction for DUI second offense
within ten years of prior offense carries the following additional penalty
Mandatory, minimum ten-day jail term Conviction for DUI
second offense within five years of prior offense carries the following
additional penalty
Mandatory, minimum 20-day jail term
Three DUI convictions within a ten-year
period
Mandatory, indefinite driver’s license
revocation Conviction for DUI third offense
Mandatory, minimum $1,000 fine
Mandatory
indefinite driver’s license revocation
Prosecution as a
Class 6 felony
Conviction for DUI third offense within five
years carries the following additional penalty
Mandatory, minimum six-month jail term
Conviction for DUI
third offense within ten years carries the following additional penalty
Mandatory, minimum 90-day jail term
Permanent forfeiture of your vehicle (if you are the
sole owner)
Conviction for DUI Fourth or subsequent offense
Mandatory, minimum one-year jail term
BAC of 0.15% and not higher than 0.20% at the time of arrest
First offense carries
a mandatory, minimum five-day jail term in addition to all other penalties
Second offense within ten
years carries a mandatory, minimum ten-day jail term in addition to all other
penalties
BAC of 0.20% or higher at the time of arrest
First offense carries a
mandatory, minimum ten-day jail term in addition to all other penalties
Second offense within ten
years carries a mandatory, minimum 20-day jail term in addition to all other
penalties
Vehicle Impoundment
The vehicle you are driving will be immediately impounded or immobilized for 90 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle impounded (other than the driver) may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor. Restitution
Depending on local ordinances, you may be liable (for up to $1,000) for the cost of law enforcement, emergency medical services, fire fighting and rescue personnel who respond to a crash or incident resulting from your DUI violation.
www.dmv.state.va.us/webdoc/pdf/dmv168.pdfDMV 168 (July 1, 2009)
©The Commonwealth of Virginia
Department of
Motor Vehicles
(DMV) 2009. All rights reserved.
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