What happens when you get a DUI in Richmond?

Over the past few years, Virginia has adopted some tough policies to discourage people from drinking and driving. Whether you’re new to the state or have lived here for your entire life, you should be aware of the current law. When you know the consequences and fines associated with DUI, you can make informed decisions.

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What is a points system?

Virginia uses a points system to determine when someone should lose their license. All types of traffic offenses are assigned a certain number of points. When you reach a high enough level of demerit points, your license will be suspended.

Most points expire after a certain number of years, although there are some that will remain on your record permanently.

In addition to dictating the status of your license, the points can also be used by your insurance company to justify higher rates. However, you may be able to save money by shopping around for more attractive terms.

Revocations and Suspensions

Drivers in the state can be subject to different consequences based on their driving habits. In addition to suspending a person’s license for poor driving, the state may also revoke one’s driving privileges altogether. You can expect to lose your license completely if you’re found guilty of any of the following:

• Driving while under the influence of drugs or alcohol
• Driving on a license that is under suspension for DUI
• Taking a driver’s test for another person or posing as another person to renew a license
• Providing false information when applying for a license
• Felony violations involving the use of a motor vehicle

Having your license reinstated after you meet certain requirements is possible. First and foremost, you must provide proof that fines and court costs have been paid in full. You may also be required to show an SR-22 or FR-44 from a company licensed to provide insurance in the state.

If your license was revoked due to DUI charges, then you may also have to complete the Virginia Alcohol Safety Action Program (VASAP) and pass an interview with the same agency.

Open Containers are Illegal

One of the first things you should be aware of is open containers are illegal in Virginia.

If there is an open container of alcohol in any area within your reach, you can be charged with DUI.

When your passengers get in the car, be sure that they don’t have any open bottles or cans that can get you in trouble in a traffic stop.

DUI Penalties in Virginia

The penalties for driving while intoxicated are progressive in Virginia. Even the first offense can carry jail time and steep fees.

Drivers under the age of 21 are considered intoxicated when they have a blood alcohol level of only .02 percent. People of legal drinking age will be cited with a DUI if they have a blood alcohol concentration (BAC) of .08 percent. Commercial drivers can be charged with DUI if they have .04 percent BAC.

The penalties for DUI in Virginia are as follows:

• 1st offense – A first offense can result in five days of jail time, a minimum fine $250, and a one-year license suspension.
• 2nd offense – For a second offense, you may face 20 days to one year of jail time, a minimum fine of $500, and a three-year license suspension.
• 3rd offense – A third offense can lead to a minimum of six months jail time, a fine of at least $1,000, and indefinite license suspension.

Implied Consent State

When you’re pulled over under suspicion of DUI, you have a choice regarding the breathalyzer. Because Virginia is an implied consent state, you must agree to undergo chemical testing of your blood, breath, or even both.

These tests must be administered within three hours of your traffic stop, but most officers will give you the option of taking a breathalyzer test on the scene.

If you’re asked to take a preliminary breath test before you’re arrested, then you do have the option of saying no.

This refusal cannot be held against you, but it’s not likely to work in your favor.

If the officer still believes that you’re intoxicated, then he can proceed with the arrest and have the tests administered.

Habitual Offenders

State officials keep an eye out for people who routinely engage in dangerous driving habits. A habitual offender is defined as a person with three major convictions or 12 minor convictions during a ten year period.

Driving after being declared a habitual offender can result in jail time. Restoring your driving privilege, in this case, requires court action.

You will have to go through the steps for filing a petition and waiting for a hearing. You also have to wait a certain period of time before applying for the change in your status.

The following are some general guidelines regarding license reinstatement:

• If you were convicted of driving on a license that was suspended for unpaid fines, then you can seek full reinstatement after paying all fees.
• If you have no DUI convictions, but at least one conviction of driving on a suspended license for unpaid fines or judgments, then you will have to wait three years.
• Non-DUI convictions and other convictions require a five-year waiting period.
• If you have at least once DUI conviction that led to habitual offender status, then you will have to wait three years for restricted privileges and five years for full privileges.

Finding insurance coverage as a habitual offender can be difficult, but it’s not impossible. Several insurance companies offer plans for high-risk drivers, and you can compare rates between them to find the one that works for you.

Consider the Interlock Device

Research shows that using an interlock device reduces the risk of becoming a repeat offender. An interlock device is a breath-testing unit that prevents a car from starting if the blood alcohol concentration (BAC) reading is above a certain level.

If you’re worried about rising insurance rates after a conviction, then talk to your agent about discounts for using this preventive tool.

VASAP

The Virginia Alcohol Safety Action Program (VASAP) is a 20-hour educational program that looks at substance abuse and how it impairs driving ability. VASAP also looks at how drug and alcohol abuse can harm your health and your life.

You may be required to participate in the VASAP before the state will reinstate your license. You may also be able to sign up for this program in order to obtain more attractive insurance rates.

If your current company doesn’t offer discounts for the VASAP, then you may want to shop around for another provider.

DUI charges can have a lasting impact on your life. If you’ve been charged with driving under the influence, then you may be facing higher insurance premiums.

The good news is that you can still shop around for better rates. With time, the points will expire, your record will improve, and you can truly put this moment behind you.

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