In Virginia, a motorist can get a DWI (also sometimes called "DUI") for driving or operating a motor vehicle:
Virginia also has a "zero-tolerance" law that prohibits underage age motorists (those under 21 years old) from driving with a BAC of .02% or more.
The minimum and maximum jail time and fines you'll face for a DWI conviction in Virginia primarily depend on how many prior convictions you have. Here are the possible jail sentences and fines for a first, second, and third DWI conviction.
1st offense |
2nd offense |
3rd offense |
|
Jail Time |
1 year maximum |
10 days to 1 year |
90 days to 5 years |
Fines |
$250 to $2,500 |
$500 to $2,500 |
$1,000 to $2,500 |
In Virginia, a DWI conviction will stay on your record and count as a prior conviction for ten years.
All Virginia drivers who are convicted of a DWI face license suspension. The possible suspension periods for a first, second, and third DWI are as follows.
1st offense |
2nd offense |
3rd offense |
|
Suspension Period |
1 year |
3 years |
Indefinite |
Ignition Interlock |
6 months minimum |
6 months minimum |
6 months minimum |
However, most offenders will be eligible for a "restricted license" for driving to and from places like work and school during at least part of the suspension. Offenders will also likely be subject to ignition interlock restricted licenses upon license reinstatement.
Virginia has "implied consent" laws that basically say all motorists agree to take a blood or breath test if lawfully arrested for driving while intoxicated. Motorists who refuse testing generally face license suspension of one to three years, depending on their record.
If you're charged with driving while intoxicated in Virginia, it's possible to "plea bargain" for a lesser charge. "Wet reckless" refers to a plea deal where a DWI is reduced to reckless driving charge.
In Virginia, a motorist who's convicted of a wet reckless—alcohol or drug-related reckless driving charge—faces up to six months in jail, a maximum $1,000 fine, and, possibly, having to complete an "alcohol safety program."