Driving While Intoxicated

At S.K. Johnson law we work hard to ensure that our staff is trained and well prepared for these complicated cases. Call us now!

What happens when you get convicted of a DUI?

Under §18.2-266 the first offense is a serious crime and it can get worse after. Many factors can increase the severity of punishment even for such a first offense. This includes the age of passengers, your Blood Alcohol Content, and many other factors.

The list below shows some repercussions of a DUI conviction.

Penalty for a First Offense.

First Offense:

  • Up to 12 months in jail and/or

  • $2,500 fine

  • Administrative license suspension for 7 days

  • License revocation for 1 year

  • Increased insurance rates

  • Any court-ordered restitution

    • This would include damages as the result of any accident to person or property.

  • Completion of an Alcohol Safety Action Program (A.S.A.P.)

  • Required installation of an Ignition interlock device (breathalyzer) in every vehicle you have access to.

A criminal conviction on a criminal record that is not eligible for future expungement under Virginia Law.

Second Offense

  • Administrative license suspension for 60 days.

  • Minimum of $500 fine (up to $2,500).

  • Long-term license revocation.

  • Radically increased insurance rates

  • If within fewer than 5 years of the first offense, a mandatory 1 month to 1 year in jail.

  • If within 5 years to 10 years of first offense, a mandatory minimum 10 days in jail.

  • Any court-ordered restitution.

  • This would include damages as the result of any accident to a person or property.

  • Installation of an ignition interlock device.

  • Completion of Alcohol Safety Action Program (ASAP). 

Call us for a Consultation

Third Offense  Penalty

  • A felony charge if within 10 years.

  • Administrative license suspension until your trail.

  • If within 5 years: Mandatory minimum 6 months in jail.

  • If within 10 years: Mandatory minimum 90 days in jail.

  • Indefinite revocation of driver’s license.

  • Minimum $1,000 fine.

  • Any court-ordered restitution resulting from any property or personal damages.

  • Alcohol Safety Action Program (ASAP) required after conviction.

  • Mandatory installation of an ignition interlock device in any vehicle you drive.

—