The severity of the consequences of a DUI/DWI conviction will depend on the unique circumstances surrounding your traffic stop, and your existing driving record. As you would expect, consequences for repeat offenses are more severe.

1. DUI Laws in
Virginia

2. What Constitutes
Drunk Driving?
Depending on factors such as height, weight, gender, and
tolerance, alcohol can affect different people in different
ways.
A person is considered to be under the influence
of alcohol if he or she “has consumed enough alcoholic
beverages to affect his
or her manner, disposition, speech, muscular movement,
general appearance or
behavior as to be apparent to observation."

3. Understanding Virginia’s
Point System for Drivers
Virginia-licensed drivers and residents
are subject to Virginia’s Uniform
Demerit Point System. All Virginia
drivers start with zero points on their
driving records, and can earn one point
every year for good driving, and more
points for completing defensive driver
training. However, five points are the
maximum positive points available.
Demerit points are given to drivers
convicted of a traffic violation. Demerit
points associated with a conviction
remain for two years from the date of
your offense.
DUI/DWI is valued at six points. DUI
punishment is based on how far a driver
is over the legal limit.

4. First Offense – BAC 0.14% or Below
Up to 12 months in jail (no mandatory minimum)
12-month license suspension
Alcohol Safety Action Program (ASAP) classes
Up to $2,500 fine ($250 minimum)

5. First Offense – BAC 0.15% to 0.20%
Up to 12 months in jail (mandatory minimum 5 days)
12-month license suspension
Mandatory interlock device
ASAP classes
Up to $2,500 fine ($250 minimum)

6. First Offense – BAC Above 0.20%
Up to 12 months in jail (mandatory minimum 10 days)
12-month license suspension
Mandatory interlock device
ASAP classes
Up to $2,500 fine ($250 minimum)

7. Additional
DUI/DWI Offenses
Penalties increase substantially for second, third, and fourth
DUIs. A fourth DUI/DWI offense within a ten-year period is
considered a Class 6 Felony and could result in up to five
years in a state penitentiary or 12 months in a local jail.

8. Refusing a
Breathalyzer Test
There are no consequences for
refusing a preliminary breath test, which is given at the
traffic stop to establish probable cause for the DUI arrest.
However, if you refuse a breath or blood test
after you’ve been arrested, you face a one-year suspension
of your driver’s license.

9. About
The Gordon
Law Firm
The accomplished attorneys at The Gordon Law Firm have
three decades of combined experience defending clients
throughout Virginia.
In just the last five years, we’ve represented
more 300 people for various DUI/DWI offenses.
Of those we represented, nearly 70% avoided conviction
for a DUI/DWI.

10. Call Us Today
for a case review:
703-218-8416