Fairfax County DUI

Virginia DUI/DWI and Refusal Penalties

Virginia DWI And Refusal Penalties

Virginia statutory law spells out the various penalties for DUI/DWI and Refusal convictions.

Differentiating DWI Offenses And Penalties

There are typically three types of penalties that are imposed for a DUI/DWI offense—jail time, fines and loss of your driver’s license. As you will see from the summary of penalties below, a DUI/DWI conviction can have a serious impact on your freedom, your pocketbook and your ability to drive a car.

The Refusal penalties appear below.

First Offense DUI/DWI.

  • $250 fine (mandatory minimum) up to $2,500 fine; five (5) days in jail (mandatory minimum) if BAC is 0.15 to 0.20, and ten days in jail (mandatory minimum) if BAC is over 0.20; driver’s license suspension for one year, ignition interlock system installed for all DUI/DWI convictions starting July 1, 2012; restricted license available upon conviction and enrollment into VASAP.

Second Offense DUI/DWI Within 5 Years.

  • $500 fine(mandatory minimum) up to $2,500 fine; twenty (20) days in jail (mandatory minimum) up to one year in jail; driver’s license suspension for three years; restricted license available after one year.

Second Offense DUI/DWI After 5 Years and Within 10 Years.

  • $500 fine (mandatory minimum) up to $2,500 fine; ten days in jail (mandatory minimum) up to one year in jail; driver’s license suspension for three years; plus additional mandatory jail time of ten (10) days and additional $500 fine for BAC of 0.15 to 0.20, or additional mandatory jail time of twenty (20) days and additional $500 fine for BAC over 0.20.

Third Offense DUI/DWI.

  • $1,000 fine (mandatory minimum) up to $2,500 fine; 90 days in jail (mandatory minimum) up to five years in prison or one year in jail if third offense occurs within five years, or six (6) months in jail (mandatory minimum) up to five years in prison or one year in jail if third offense occurs after 5 years but within ten years; indefinite loss of driver’s license (five year minimum); and forfeiture and seizure of your car.

Fourth or Subsequent DUI/DWI Within 10 Years

  • $1,000 fine (mandatory minimum); one year in jail (mandatory minimum); indefinite loss of driver’s license (five year minimum); up to three years of probation; and forfeiture and seizure of your car.

Under 21 DUI OR DWI.

  • $500 fine or 50 hours of community service; Class 1 misdemeanor up to one year in jail; forfeiture of license for one year, but may be eligible for a restricted driving permit.

Refusal (1st offense):

  • Non-criminal violation: one year license suspension, no chance of restricted driver’s license.

Refusal (2nd offense within 10 years):

  • Criminal violation: $0-$1000 fine, up to six (6) months in jail; three years license suspension, no chance of restricted driver’s license.

Refusal (3rd offense within 10 years):

  • Criminal violation: $0-$2500 fine, up to twelve (12) months in jail; three years license suspension, no chance of restricted driver’s license.

Defend Yourself From Strict Penalties

If you’ve been charged with DUI/DWI in the Commonwealth of Virginia, you are facing serious penalties. In addition to the mandatory minimum penalties, the judge will have discretion to impose a higher fine or jail sentence within the sentencing range as established by Virginia law.