Blood Alcohol Content
The presumptive level for intoxication in Virginia depends on you age and license classification.
Under 21 a BAC of .02% is presumptively intoxicating. Those with a Commercial Driver’s License are presumptively intoxicated at .04%. Anyone 21 or older presumptive intoxication is .08%.
But presumptive intoxication is not the only factor in Prosecution of these cases. Elevated levels of alcohol can enhance your penalties.
Enhancement for Blood Alcohol Levels
BAC from .15% to .20%
0.15 to 0.20 indicates that the driver is impaired. The penalty for a first time DWI carries a mandatory minimum of 5 DAYS jail time with up to 12 months, license revocation for 12 months, a fine from $250 to $2,500 and the completionof Virginia Alcohol Safety Action Program (VASAP classes).
BAC .20% and above
BAC above 0.20 indicates that a driver is impaired. This carries with it an additional a mandatory 10 days in jail and a maximum of 12 months, license revocation for 12 months, a fine from $250 to $2,500. Mandatory installation of an interlock ignition device and Virginia Alcohol Safety Action Program (VASAP) classes.
