What are the Consequences of a DUI Conviction in Virginia?

A DUI conviction will hamper your ability to do your current job or to find new employment. The Employee manual for a job may require disclosure to the Human Resources department. Some industries or employers will even terminate you immediately upon conviction. This includes companies with a preferred group rate with major insurance that is conditional upon the company having no employees with a DUI conviction.

Contents of This Guide

1. Professional and Employment Consequences
2. Living and Travel Consequences
3. More Complications
4. Legal Punishments and Penalties of a DUI
5. Refusing a Breathalyzer Test
6. Ignition Interlock
7. Restricted Licenses
8. Restoration of Drivers License
9. Underage DUI or DUI with Children in the Car
10. When to Get a DUI Lawyer

Professional and Employment Consequences

When filling out a job application you’ll have to check the “yes” box when asked if you’ve ever been convicted of a crime because you will now have a permanent criminal record. Some other professional consequences are:

1. If you’re in an accident that would have been covered by worker’s compensation laws but there is shown to be a connection between the DUI and your accident, you could be denied compensation.
2. Automotive franchisees have morals clause in their agreements with manufacturers so DUIs can cause a loss of contract for a dealership. v' You can lose the ability to be a stock broker.
3. Professional license applications can be impeded including those to a State Bar or medical board.
4. Possible loss of your company vehicle and of company insurance. If your company has an account with Avis or Hertz and the license check shows your DUI, the company may deny access to the vehicles.
5. Denial or revocation of security clearances at military bases or similar businesses that contract with the U.S. government for high security clearance.
6. Your military career may be over or future advancement denied based on a DUI conviction. Military superior officers may sanction any service member by denying privileges on the base or impose other restrictions on duties. Personnel in the military who are about to be deployed to combat duty can be pulled out of deployment and may be discharged from military service with either a general or dishonorable discharge.
7. All branches of the military will delay enlistment until all probation is terminated.

Living and Travel Consequences

You will also face decreased choices about where to live and increased difficulty with travel. Some of these include:

• Some apartments will do background checks and they won’t rent to you if you have a DUI conviction.
• You’ll deal with a mandatory probation for at least one year and major car rental companies will not rent to you.
• There will be a denial of the ability to immigrate into some countries such as Canada and personal trips can be blocked or difficult to obtain.
• You won’t be able to be naturalized as a U.S. citizen until five years after the DUI case is closed out.
• You may be deported from the U.S. back to your country of origin.
• Your Green Card could be revoked. Your work visa renewal can be denied or delayed.
• Travel from the U.S. and back can be delayed at Customs or even denied. Traveling through airports will be even more difficult.

More Complications of a DUI Conviction

Here are some other miscellaneous long term and far reaching consequences of a DUI:

• Child custody could be put at risk.
• Concealed weapons permit may be denied or there may be a refusal to renew an existing permit.
• There are restrictions on being able to ship a hunting rifle to some countries.
• With a felony DUI you can’t possess any firearms or ammunition.
• Internet access to your criminal arrests is available from several websites which means that people can find out about your conviction.
• People can Google you and find out that you have a criminal record.
• If your license is suspended, you’ll have to use a U.S. passport if you want to cash a check.
• Some churches will prevent you from being able to volunteer.

Punishments and Penalties of a DUI

First DUI Offense

If it is your first offense and you are convicted, it is a class one misdemeanor. Here are some of the consequences you will face:

• A minimum $250 fine and a maximum $2,500 fine.
• Jail sentence of up to one year.
• Mandatory incarceration of five days if your blood alcohol content is higher than 0.15% and a mandatory incarceration of ten days if your blood alcohol content is over 0.2%.
• License suspended for one year with the possibility of a restricted license.
• Mandatory participation in the Virginia Alcohol Safety Awareness Program (VASAP).
• Mandatory ignitioninterlock if your blood alcohol content is over 0.2%. The ignition interlock is a device installed in your car and you have to pass an automated Breathalyzer test before you can start your car. If your blood alcohol content is lower than 0.2%, the judge can still order you to install it on your vehicle.

Second DUI Offense

If it’s your second offense and it’s within five years of your first one, then it’s a class one misdemeanor again. Here are the consequences you will face:

• A minimum $500 fine and $2,500 maximum fine. The mandatory fine is $2,000 if your blood alcohol content is over 0.15%.
• Minimum jail sentence of one month and a maximum sentence of one year.
• Mandatory incarceration of 20 days or 30 days if your blood alcohol content is over 0.15% and 40 days if it’s over 0.2%.
• License suspended for three years with the possibility of a restricted license after one year.
• Mandatory ignition interlock.
• Persons convicted of a second or subsequent offense must pay an additional $50 fee to the Trauma Center Fund.

Third DUI Offense - Felony

If you have a third offense within five years, you’re going to be convicted of a class six felony. Here are the consequences:

• A minimum $1,000 fine and a maximum $2,500 fine.
• One to five years in prison or up to twelve months in jail.
• Mandatory incarceration of six months.
• License suspended indefinitely.

Fourth DUI Offense - Felony

If you get your license back and you have a fourth or subsequent offense within ten years, that’s a class six felony. Here are the consequences:

• A mandatory minimum $1,000 fine and a maximum $2,500 fine.
• One to five years in prison or up to twelve months in jail.
• Mandatory incarceration of one year.
• Indefinite revocation of your license.

Refusing a Breathalyzer Test

What happens if you refuse the Breathalyzer test when a police officer pulls you over? Although this is not a criminal violation, your license will be suspended for one year with no options for a restricted license.

License Suspension

Your license is granted to you by the state as a privilege. In exchange for the license and the ability to drive a vehicle, you’ve agreed to abide by all traffic laws. Even without giving you a criminal offense, the state which operates the DMV can simply revoke your license. Criminal charges are not required because the license is granted in such a way that you had obligated yourself to follow all laws.

• If you’re pulled over and refuse to take a Breathalyzer test, your license will be automatically suspended for 7 days.
• If it’s your second offense, the license will be suspended for 2 months or until your trial, whichever is shorter.
• For the third offense, your license is suspended until the trial.

If you’re pulled over within ten years of being convicted of a DUI and you refuse a Breathalyzer test, it’s now a class two misdemeanor. The consequences are:

• Fine of up to $1,000.
• Up to six months in jail with no mandatory incarceration.
• License suspended for three years with no options for a restricted license.

Refusal of a Breathalyzer test within ten years of two or more qualifying offenses is a class one misdemeanor. The consequences are:

• $2,500 fine
• A jail sentence of up to twelve months with no mandatory incarceration.
• License suspended for up to three years with no restricted license option available.

If you’re convicted of both a DUI and of refusing a Breathalyzer test, your suspensions will run consecutively.

Ignition Interlock

An ignition interlock is a device that prevents a vehicle from starting until a BAC breathalyzer test is passed with the device. The cost for one is about $100 a month with an installation fee that runs about $250. If required, an ignition interlock device must be installed on every vehicle owned by or registered to the offender.

For a first offence, it’s optional whether or not an ignition interlock is required. It’s not your option though. It’s the judge’s option. For a second and third offence, the ignition interlock is mandatory. It’s also mandatory if had a blood alcohol content of 0.15% or more at the time of your arrest.

Restricted Licenses

What will a restricted license allow you to do? The court decides this on a case by case basis. It’s worth noting that restricted licenses may not be issued to operate commercial vehicles. A commercial driver’s license will be suspended for one year. If you’re caught driving on a suspended license your car will be impounded and you’ll face a new criminal case with mandatory jail time. Here are some examples of places you may be permitted to drive to under a restricted license:

• Work
• Work-related appointments if necessary for employment
• VASAP or alcohol rehabilitation program
• School
• Medically necessary health services
• Transportation of minor children to and from school, daycare, or healthcare appointments
• Transportation of elderly patients to necessary healthcare v' Court ordered visitation with a minor child
• Drug screening program
• Court appearances when subpoenaed as a witness or a party
• Appointments with a probation officer or other court ordered probationary programs.

Restoration of License

How do you get your license restored after it’s been indefinitely revoked? Persons convicted of a third or subsequent DUI offense may petition for a restricted license three years after their conviction. An evaluation must be conducted by a VASAP administrator. After five years, a person may petition for a full license restoration with a VASAP evaluation. The ignition interlock is required for a period of six months after either circumstance. You would be responsible for the cost of the ignition interlock.

Other Useful Information

Zero Tolerance DUI Laws for Underage Drivers

There is zero tolerance for offenders under the age of 21. If you’re under 21 and pulled over with a blood alcohol level of 0.02% or more, you’ll have your license suspended for six months and may receive a fine of up to $500. A restricted license may be issued at the discretion of the court if the offender attends VASAP.

DUI with Children in the Car

If you are convicted of a DUI while transporting a juvenile of 17 years of age or younger you’ll receive an additional fine of $500 to $1,000 and a mandatory minimum period of confinement of five days.

Should I use a lawyer for my Virginia DUI defense?

A DUI is a serious offence. If convicted the consequences are very significant and will stick with you permanently. That’s why it’s important to have a qualified attorney provide you with the best defense possible. Sometimes it’s possible to get charges reduced, or dropped. In other cases, it may not be possible to avoid a conviction but reducing the penalties may still be an option.

A good legal defense requires knowledge of the system. That’s what an attorney is for. We have the training and experience to understand the ins and outs of the courts and of the laws impacting your dui criminal case.

Have a lawyer in your area contact you today!