Many people charged with a first DUI in Virginia are surprised to learn it is a criminal case, not a traffic ticket. It is heard in criminal court, it can lead to jail, and a conviction stays on your record. Here is an overview of what is at stake and how these cases are defended.
What Counts as DUI in Virginia
Under Va. Code § 18.2-266, it is illegal to drive with a blood alcohol content of 0.08 or higher, or while impaired by alcohol or drugs to a degree that affects your ability to drive safely. That means a driver can be charged even with a reading below 0.08 if the officer believes they were impaired.
Possible Penalties for a First Offense
A first DUI is a Class 1 misdemeanor. Depending on the facts, consequences can include:
- A mandatory minimum fine and court costs
- Revocation of your license for one year
- Enrollment in the Virginia Alcohol Safety Action Program (ASAP)
- An ignition interlock device as a condition of a restricted license
- Mandatory jail time if your blood alcohol content was 0.15 or higher
Your License: Two Separate Tracks
Administrative suspension
If you are arrested with a test result of 0.08 or more, or charged with refusal, an administrative suspension can begin immediately, before you see a judge. For a first offense, this suspension is typically short, but it happens automatically.
Revocation after conviction
If you are convicted, your license is revoked for a year. Many first-time offenders can ask the court for a restricted license that allows driving to work, school, medical appointments and ASAP. Restricted licenses usually require an ignition interlock.
How a First DUI Can Be Fought
Every case is different, but common areas to examine include:
- Whether the officer had a lawful reason to stop you
- How the field sobriety tests were given and scored
- Whether the breath test was administered properly and on time
- Whether the testing equipment was certified and maintained
- Dash camera and body camera footage that contradicts the report
Problems in any of these areas can lead to a dismissal or a reduced charge in some cases, though no lawyer can promise a result. See how we approach DUI defense in the Richmond area, and read our related guide on reckless driving charges. We also represent drivers charged in Hanover County along I-95 and Route 301.
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Talk with attorney Wendell Allen about your specific facts and options.
This article is general information about Virginia law as of its publication date, not legal advice. Reading it does not create an attorney-client relationship. Talk to a lawyer about your specific situation.
