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Virginia DUI Laws for First Time Offenders

It is illegal in Virginia to drive with a Blood Alcohol Concentration of .08 or greater. For a 150 pound man, this can be as few as five beers in a two hour period. Because it can be easy to slip over the legal limit, you should be aware of the potential penalties you face if caught drinking and driving.

The First Offense in Virginia is a Class 1 misdemeanor. This means that the maximum penalty a judge may dole out is a $2,500 fine, one year in jail, and an additional year of suspended license privileges.

Judges in Virginia no longer have any discretion in allowing you to continue driving. They must suspend your license for a year. In order to let you get on with your life, however, the judge may order restricted driving privileges. This would enable you to travel at certain times and only to places like school, work, and your alcohol class. If you are caught violating your restricted driving privileges, the judge will surely hand down a stiffer penalty.

Everyone convicted of a DUI in Virginia must enroll in and complete the Virginia Alcohol Safety Action Program (VASAP). VASAP is a 20 hour substance abuse and driving course which costs $300.

Implied Consent

In Virginia, any driver who operates a motor vehicle on a highway is deemed to have given their consent to have samples of blood, breath, or both taken for chemical testing to determine the alcohol or drug content of his blood. You can read the full statute here.

Refusing to consent to blood or breath testing will result in an additional year of suspended driving privileges. Again, this is mandatory, not optional for the judge. The full statute is available here.

First offenders in Virginia have a lot to lose. If you are accused of driving under the influence, you need an attorney with the experience to fight the charges in the courtroom. Weisberg & Zaleski regularly defend DUI clients in Norfolk, Virginia and Portsmouth, Virginia courtrooms.

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
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