Getting arrested for a DUI in Virginia can lead to driver’s license suspension, fines, and a potential jail sentence upon conviction. However, drunk driving offenders are also subject to a driver’s license suspension by the VA DMV—prior to conviction in criminal court.
This is known as an Administrative License Suspension (ALS).
An ALS in Virginia applies to the following individuals:
- You are at least 21 years of age and your post-arrest blood alcohol content (BAC) level was at least .08 percent
- You are under 21 years old and your post-arrest BAC level was at least .02 percent
- You refused to take a post-arrest chemical test (breath, blood, or urine)
An ALS will prevent first-time DUI offenders from driving for seven days. For second-time DUI offenders, they cannot operate a vehicle for either 60 days or until the date of the trial—whichever is first. For third-time DUI offenders, an ALS lasts until trial.
If a judge convicts of you a Virginia DUI, your license will either be suspended for a certain period or revoked (i.e. completely terminated). A first DUI conviction can lead to driver’s license suspension for up to one year, while a second DUI conviction can result in suspension for up to three years.
A third or subsequent DUI conviction is punishable by driver’s license revocation. However, after three years of serving a revocation period, a person can apply for a restricted license. After five years of serving a revocation period, a person can apply for a driver’s license with full privileges.
If you have been charged with a DUI in Virginia, contact Attorney Andrew J. Cornick today at (540) 827-4446 and schedule a free case evaluation.