High BAC
First time offenders convicted of driving drunk in VA with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.
Restricted License:
If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:
* Driving to and from VASAP (Alcohol Safety Action Program)
* Driving to and from work
* Driving during work hours with proper agendas
* Driving to and from school
* Driving to and from medical treatment
Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.
The Breath or Blood Test
If you operate a motor vehicle on Virginia's public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.
First time offenders convicted of driving drunk in VA with a blood alcohol content (BAC) between .15 and .20 percent will be sentenced to a minimum, mandatory five day incarceration. Those with a .21 percent or higher BAC will be sentenced to a minimum of ten days in jail.
Restricted License:
If you are convicted of a DUI first offense, you may be eligible for a restricted license. The defendant must "move" the court for the restricted license, but the court is under no obligation to grant one. If the judge allows a restricted license, the limitations are often:
* Driving to and from VASAP (Alcohol Safety Action Program)
* Driving to and from work
* Driving during work hours with proper agendas
* Driving to and from school
* Driving to and from medical treatment
Some judges in Virginia do not allow the issuance of a restricted license until 30 days from the conviction date.
The Breath or Blood Test
If you operate a motor vehicle on Virginia's public roads, you automatically agree to take a chemical test upon request. You are required to take the test. If you refuse, your license will be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period. You may appeal this suspension in the general district court where you were arrested, or by filing a challenge.