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Are the Penalties the Same for Alcohol- and Drug-Related DUIs in Virginia?

Are the Penalties the Same for Alcohol- and Drug-Related DUIs in Virginia?

In Virginia, driving under the influence of a controlled substance of any kind is illegal. If you are caught driving a vehicle after consuming alcohol or a drug, you will be arrested and possibly charged with a DUI or DUID.

DUIs in Virginia

It’s unlawful to drive under the influence of alcohol. The legal limit for alcohol found in a person’s system is .08. A DUI charge can occur when a driver has a blood-alcohol concentration (BAC) higher than this limit.

DUIDs in Virginia

A DUID charge can occur when a driver uses illegal drugs and then operates a motor vehicle. The legal blood-concentration for drugs varies depending on the type of substance found in the person’s system.

If a driver exceeds the following, they may face a DUID charge:

  • 0.02 milligram of cocaine
  • 1.0 milligram of methamphetamine
  • 0.01 milligram of phencyclidine
  • 1.0 milligram of methylenedioxymethamphetamine

Drivers are required to take a blood test after a DUI or DUID arrest. This is known as the ‘implied consent’ law and applies to Virginia drivers arrested within 3 hours of their offense. If the driver refuses to submit to this test, their license will be suspended for 7 days, longer if the offender refused the test in the past.

DUI & DUID Penalties

The law makes no distinction between DUI and DUID when it comes to potential penalties. However, there are certain alcohol-specific penalties for drivers with a high BAC level.

Virginia assigns the following for DUI and DUID offenses:

  • First Offense: The potential punishments include a $2,500 fine and up to 12 months in jail;
  • Second Offense (within 10 years of the first offense): The potential punishments are the same as a first offense, with the addition of a mandatory minimum fine of $500.
  • Third Offense (within 10 years of the second offense): The potential punishments include a $2,500 fine and up to 6months in jail.
  • Fourth Offense and beyond (within 10 years of the third offense): The potential punishments are the same as the third offense, with the addition of a mandatory minimum fine of $1,000 and 12 months in jail.

We Offer FREE Legal Consultations

Your future as a driver is on the line. Let The Law Offices of Daniel J. Miller represent you before the court. Our attorneys will aggressively fight for your rights and do everything we can to get you a light sentence.

Call our firm today at (757) 517-2942 or contact us online.

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