24Jul 2015
Jul 24, 2015

What is ‘legally drunk’ in Virginia

In Virginia, drivers under the age of 21 years are considered to be legally drunk when their blood alcohol level is more than .02, for non-commercial drivers above 21 years, when their blood alcohol level is more than .08 they are considered to be legally drunk. On the other hand, for commercial vehicle drivers, they are legally drunk when their blood alcohol level is more than .04. In Virginia, school bus drivers are commercial drivers.

Virginia Drunk Driving Penalties

For first time DUI offenders, they face the following penalties:

  • A prison sentence of up to 1 year
  • A fine ranging from $250 to $2,500
  • The offender’s driver’s license  suspension period is 1 year
  • If the offender’s BAC level was between .15 and .20, he/she will have to serve a jail term of 5 days, however, if the offender’s BAC level was more than.20, he/she will have to serve a jail term of 10 days

For second time DUI offenders within ten years of the first offence, they face:

  • A prison sentence of 1 month to 1 year
  • A fine ranging from $250 to $2,500
  • The offender’s driver’s license  revocation period is 3 year
  • If the offender’s BAC level was between .15 and .20, he/she must serve a jail term of 10 days, however, if the offender’s BAC level was more than .20, he/she must serve a jail term of 20 days. Furthermore, the offender will be fined between $500 and $2,500.

For third time offenders within ten years of their previous offence, they face;

  • A mandatory jail sentence of 3 months
  • A fine of $1,000
  • The offender’s driver’s license   will be revoked indefinitely
  • A permanent forfeiture of the offender’s vehicle

For fourth or subsequent DUI offenders within 10 years of the first offence, they face:

  • A prison sentence of at least 1 year
  • A fine ranging from $1,000 to $2,500
  • The offender’s driver’s license  will be revoked indefinitely

 

The Point System in Virginia

Every time you commit a traffic offense, the Department of Motor Vehicles (DMV) awards points to your driving record what is called “demerit points”. Different violations carry different point assignments, depending on the seriousness of the violation. You will get 3 demerit points if you make an improper U-turn; however, you will receive 6 demerit points if you speed 20 mph or more above the posted speed limit.

 

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