Of the 921 Virginia traffic fatalities, nearly a third, or 279 deaths, involved a driver who was at or over the legal blood alcohol limit (.08). 164 of those deaths involved a driver who was at or over twice the legal limit.
Virginia’s Driving While Intoxicated statute, Va. Code §18.2-266, is expansive, and makes the following illegal:
The legal limit for drivers under the age of 21 is .02
Virginia case law has determined that accused drivers have no automatic right to a blood test. However, where the blood test is requested by the police officer and the driver refuses, his license may be suspended
Under 21, BAC between .02 and .08:
First Conviction Under Va. §18.2-266
Second Conviction Under Va. §18.2-266 in a 5 Year Period
Second Conviction Under Va. §18.2-266 Between 5-10 Years after Prior Conviction
Third Conviction Under Va. §18.2-266 in 10 Year Period
Fourth and Subsequent Convictions Under Va. §18.2-266 in 10 Year Period
For All Offenses, if Transporting a Minor
DUI/DWI offenders have their licenses revoked for one year. Defendants are able to ask the court for a restricted, rather than revoked license, but this is at the discretion of the trial court. A restricted license means that you will be able to drive:
Virginia also requires anyone has been previously been convicted of DUI/DWI in any state to pay $50 to the Trauma Center Fund to subsidize the cost of emergency medical care to accident victims in alcohol or drug use car crashes.
If convicted under Va. §18.2-266 (DUI/DWI statute) or Va. §46.2-341.24 (DUI/DWI of a commercial vehicle), Virginia statute requires enrollment in ASAP. This course costs between $250 and $300. The program is 20 hours long and focuses on substance abuse and driving, substance abuse and health, and self-evaluation of potential for substance abuse.
Virginia requires that anyone convicted of a second DUI or anyone that has a BAC greater than .15 for their first DUI have an ignition interlock system installed. This system records the drivers BAC via breath test each time the car is started. It also requires that the driver blow into the breath analyzer ever 5-20 minutes.