In Virginia, the legal blood alcohol concentration (BAC) limit is .08. With that BAC, a driver will be found guilty of driving under the influence (DUI). Even if the drivers BAC is lower than .08, if the officer can find evidence that their driving ability is impaired then they can still be charged with a DUI. If the driver refuses to undergo the test that determines BAC, they will be arrested as if they were shown to have a .08 BAC. Drivers under the age of 21 have to adhere to a BAC limit of .02, due to Virginias zero tolerance policy.
A first time DUI offender in Virginia will spend 5 days minimum in jail. If their BAC was above .20, then the minimum jail term is increased to 10 days. The driver will also be fined a minimum of $250. If there was a passenger under the age of 18 in the vehicle, then the minimum fine increased to a range of $750 to a possible maximum of $1250. Virginia law also demands that the drivers license is suspended for 1 year. If the drivers BAC was .15 or above, and ignition interlock device is required once the suspension ends. Offending drivers also have to complete an alcohol safety action program.
DUI / DWI facts and statistics in Virginia
- In 2017, 19 out of the 246 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 70 out of the 19,323 offenders caught for DUI / DWI were under the age of 18
- In 2018, 29 out of the 240 driving fatalities due to DUI / DWI were driven by drivers under the age of 21
- In the same year, 49 out of the 20,885 offenders caught for DUI / DWI were under the age of 18
source: responsibility.org, fbi.gov
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