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.
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