DUI and DWI

In Virginia, there is no difference between DUI (Driving Under the Influence) and DWI (Driving While Intoxicated). The terms are used interchangeably.

Both refer to the same offense of operating a motor vehicle while impaired by alcohol or drugs. The legal limit for a DUI/DWI in Virginia is a blood alcohol content (BAC) of 0.08% or higher. You can also be charged with a DUI/DWI if your ability to drive is impaired by drugs, even if your BAC is below 0.08%.

Virginia treats DWI and DUI offenses under the same legal framework with identical penalties. Both offenses are governed by Virginia Code § 18.2-266 and related statutes. The severity of the penalties increases with subsequent offenses, higher BAC levels, and the presence of aggravating factors such as having a minor in the vehicle or causing injury or death.

A first-time DWI (Driving While Intoxicated) offense is classified as a Class 1 misdemeanor, carrying penalties that include a fine ranging from $250 to $2,500, a one-year driver’s license suspension, and up to 12 months in jail. Participation in the Virginia Alcohol Safety Action Program (VASAP) is mandatory.

Depending on your BAC, enhancements may increase these penalties. A BAC between 0.15% and 0.20% results in an additional mandatory five-day jail sentence, while a BAC above 0.20% leads to an additional ten-day jail sentence. If a minor is present in the vehicle, an extra fine of $500 to $1,000 and a five-day mandatory jail sentence are imposed.

In Virginia, a second DWI (Driving While Intoxicated) offense within ten years is also a Class 1 misdemeanor, with penalties including a fine of $500 to $2,500, a three-year license suspension, and a mandatory jail sentence of at least 20 days if the offense is within five years of the first, or ten days if within ten years.

A third DWI offense within ten years is classified as a Class 6 felony, resulting in a minimum fine of $1,000, indefinite license revocation, and a mandatory jail sentence of at least 90 days if the third offense is within ten years, or six months if within five years. Additional penalties include mandatory VASAP participation and the requirement for an ignition interlock device upon any potential license reinstatement.

Refusing a breathalyzer test in Virginia triggers immediate administrative penalties, including an automatic license suspension of one year for the first refusal and three years for subsequent refusals. Additionally, a refusal may prevent you from being granted a restricted license if convicted of DWI. These penalties are separate from the DWI charges.

Defending against a DWI charge in Virginia may involve challenging the legality of the stop or arrest, disputing the accuracy of field sobriety and breathalyzer tests, questioning the handling of blood tests, and addressing procedural errors. Each defense strategy depends on the specific facts and circumstances of the case. Monument Legal will examine and discuss DWI defenses with you before your trial date.

Under certain circumstances, you may be eligible for a restricted driver’s license if convicted of a Virginia DWI. A restricted license allows you to drive under specific conditions during the period of your license suspension.

There are two types of restricted licenses that you may be eligible for, and both require that ignition interlock be installed on your vehicles. The most restrictive type allows you to drive under the following circumstances:

• Driving to and from work or work-related activities.
• Driving to and from school or educational activities.
• Attending VASAP classes or other court-ordered programs.
• Medical appointments for yourself or family members.
• Transporting children to and from school or daycare.
• Attendance at religious services.
• Other necessary travel as deemed appropriate by the court.

This type of restricted license requires that ignition interlock be installed for six months.

The second type of restricted license allows you to drive anywhere, as long as ignition interlock is installed for one year. Because of the additional freedom, eligibility requirements for the broader restriction license are more stringent.