Driving Under Influence Intoxicated Penalties | Breath Test | Refusal

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DUI Penalties

The penalties for a Virginia DUI are complicated and severe. This is why it is extremely important to retain the best Virginia DUI Lawyer to help you with your case. A felony DUI conviction carries a maximum 5 year term of incarceration and/or $2,500 fine and a misdemeanor DUI conviction carries a maximum 12 month term of incarceration and/or $2,500 fine. Additionally, your case will involve some mandatory minimum form of penalty as outlined below if convicted. Contact us today for a free initial consultation.

Offense	Blood Alcohol Level	Jail or Prison Sentence	Fine	Ignition Interlock 46.2-391	License Suspension 46.2-391	Vehicle Forfeiture
1 st Offense 18.2-270(A)	.08 or greater (or under the influence of alcohol, drugs or both).	Class 1 misdemeanor.	$250 mandatory minimum fine.	Yes, if BAC is .15 or more.	12 months by court.	No
	0.15 to 0.20	Additional 5 day mandatory minimum.
	0.21 or greater	Additional 10 day mandatory minimum
2nd Offense within 5 years 18.2-270(B)	.08 or greater (or under the influence of alcohol, drugs or both)	1 month to 1 year in jail. Mandatory minimum 20 days.	$500 mandatory minimum fine.	6 months to 3 years.	3 years by DMV	No
	0.15 to 0.20	Additional mandatory minimum 10 days.
	0.21 or greater	Additional mandatory minimum 20 days.
2nd Offense within 5-10 years 18.2-270(B)	.08 or greater (or under the influence of alcohol, drugs or both)	Minimum confinement not less than one month. Mandatory minimum 10 days.	$500 mandatory minimum fine.	6 months to 3 years.	3 years by DMV	No
	0.15 to 0.20	Additional mandatory minimum 10 days.
	0.21 or greater	Additional mandatory minimum 20 days.
3 or more offenses within 5 years 18.2-270(C)	n/a	Class 6 felony. Mandatory minimum 6 months.	$1000 mandatory minimum fine.		10 years by DMV. Reinstate after 3 to 5 years.	Yes
3 or more offenses within 5-10 years	n/a	Class 6 felony. Mandatory minimum 90 days.	$1000 mandatory minimum fine.		10 years by DMV. Reinstate after 3 to 5 years.	Yes
4th offense within 10 years		Class 6 felony. Mandatory minimum 1 year, plus probation for same term as license suspension not to exceed 3 years.	$1000 mandatory minimum fine.		10 years by DMV. Reinstate after 3 to 5 years.	Yes
Transporting minor while driving under the influence 18.2-270(D)	n/a	Additional 5 days mandatory minimum.	Additional fine $500 to $1000.		n/a	n/a

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The Virginia attorneys at the law firm of Riley & Wells practice criminal defense, DUI/DWI defense, traffic law defense, speeding ticket defense, and represent their clients throughout the Commonwealth, including: Richmond VA, Ashland, Beaverdam, Bon Air, Bowling Green, Caroline County, Chester, Chesterfield County, Colonial Heights, Dinwiddie County, Doswell, Glen Allen, Goochland County, Hanover County, Henrico County, Highland Springs, Hopewell, King William County, Midlothian, Mechanicsville, Montpelier, New Kent County, Louisa County, Petersburg, Powhatan County, Prince George County, Rockville, Sandston, Short Pump, Studley, and Varina. We also represent out-of-state clients.