Virginia DUI Penalties, Fines and Suspensions

Virginia Implied consent – administrative / civil penalty for refusal

• Refusal with no prior convictions in 10 years — driver’s license suspended for one year.
• Refusal with one prior conviction in past 10 years — driver’s license suspended for three years.
• Refusal with two prior convictions in past 10 years — driver’s license suspended for three years. VA Code Ann. § 18.2-268.3(D).

Virginia Implied consent – criminal penalty for refusal

• Refusal within 10 years of a prior conviction — Class 2 misdemeanor; jail sentence up to six months; fine up to $1,000.
• Refusal within 10 years of two prior convictions — Class 1 misdemeanor; jail sentence up to one year; fine up to $2,500. VA Code Ann. § 18.2-268.3(B); VA Code Ann. § 18.2-11.
• The constitutionality of this, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), which holds that a state cannot place criminal penalty on a driver’s refusal to undergo a warrantless blood test to determine alcohol concentration.

Virginia DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• Virginia First convictionà driver’s license suspended for one year.
• Virginia Second conviction within 10 years — driver’s license suspended for three years.
• Virginia Third or subsequent conviction within 10 years — driver’s license revoked indefinitely. VA Code Ann. § 46.2-391.
• Localities may enact ordinances that make offender civilly liable for up to $1,000 of EMS expenses in responding to an accident arising out of a violation. VA Code Ann. § 15.2-1716.
• As a condition of a restricted license, a court must prohibit an offender from operating a motor vehicle without an IID for a period up to the length of the license suspension. VA Code Ann. § 18.2-270.1.

Virginia DUI Conviction – criminal penalties (jail sentence, fines, community service)

• Virginia First conviction — Class 1 misdemeanor; fine of $250-$2,500; jail sentence up to one year.
• Virginia Second conviction within five years — jail sentence of one month to one year; fine of 500-$2,500.
• Virginia Second conviction within five to 10 years — jail sentence of 10 days to one year; fine of $500-$2,500.
• Virginia Third conviction within 10 years — Class 6 felony; jail sentence of at least 90 days (unless all three incidents within five years) and up to five years; fine of $1,000-$2,500.
• Virginia Fourth or subsequent conviction — Class 6 felony; jail sentence of one to five years; fine of $1,000-$2,500. VA Code Ann. § 18.2-270; VA Code Ann. § 18.2-10.
• Virginia Class 6 felony if driver causes serious bodily injury while committing a violation. VA Code Ann. § 18.2-51.4.

Child endangerment

• Committing a violation while a passenger age 17 or younger is in the vehicle. VA Code Ann. § 18.2-270(D).
• Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $ 250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.
• Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $ 500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.
• Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $ 500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.
• Upon conviction of a second offense within 10 years of a prior offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article or by any other scientifically reliable chemical test performed on whole blood under circumstances reliably establishing the identity of the person who is the source of the blood and the accuracy of the results (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $ 500.
• Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $ 1,000.
• A person who has been convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 shall upon conviction of a subsequent violation of § 18.2-266 be guilty of a Class 6 felony. The punishment of any person convicted of such a subsequent violation of § 18.2-266 shall include a mandatory minimum term of imprisonment of one year and a mandatory minimum fine of $ 1,000.
• The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $ 1,000.
• The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.34.
• In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of § 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $ 500 and not more than $ 1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.
• For the purpose of determining the number of offenses committed by, and the punishment appropriate for, a person under this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.
• Mandatory minimum punishments imposed pursuant to this section shall be cumulative, and mandatory minimum terms of confinement shall be served consecutively. However, in no case shall punishment imposed hereunder exceed the applicable statutory maximum Class 1 misdemeanor term of confinement or fine upon conviction of a first or second offense, or Class 6 felony term of confinement or fine upon conviction of a third or subsequent offense.