What is a dui? What are the intoxicated crimes? Driving While into Noise Section 18.2-266 Five Ways of Sentencing: While a person has a blood alcohol concentration of 0.08% by weight or more by volume or 0.08 grams or more per 210 liters of breath, as indicated by a chemical test performed according to the article While under the influence of alcohol Under the influence of a narcotic or self-administered intoxicant or drug against which it affects the person’s ability to drive safely. While a person is under the combined influence of alcohol and drugs, which affects their ability to operate a motor vehicle. While such a person has a blood concentration of one of the following substances in an amount equal to or greater than 0.02 milligrams of cocaine per liter of blood, 0.1 milligrams of methamphetamine per liter of blood, 0.01 milligrams of phencyclidine per liter of blood, or 0.1Milligrams of 3.4 methylenedioxin, methamphetamine per liter of blood.
First offense: A class I offense, up to 12 months in prison and a fine of $ 2500.00, with a mandatory minimum fine of $ 250.00. If the accuser’s BAC is at least 0.15 but not more than 0.20, the accused must serve a mandatory minimum five-day sentence. If the BAC is greater than 0.20, the accused must serve a mandatory prison term of at least 10 days. The accused must complete the Virginia Alcohol Safety Action Program (ASAP) on order. Suspension of the driving license for 12 months, at judicial discretion for a restricted driving license. If the BAC was 0.15 or more, it is mandatory to install an ignition interlock system for at least six months in any vehicle that is registered or owned by the defendant.
Second crime: Within 5 years: A Class I offense and a mandatory minimum sentence of $ 500 plus a minimum prison term of one month with a minimum 20-day penalty; if the BAC is at least 0.15 but no more than 0.20added a further 10 days to the minimum mandatory sentence; if the BAC is greater than 0.20, the additional mandatory prison sentence is 20 days.
Within 5 to 10 years: a class I offense and a mandatory minimum sentence of $ 500.00 and a prison sentence of at least one month with a mandatory minimum sentence of 10 days; if the BAC is at least 0.15 but not more than 0,Is 20, the accused must serve an additional 10 day mandatory prison sentence, and the total mandatory fine is $ 1000.00; if the BAC is greater than 0.20, the accused must serve an additional 20 day mandatory prison sentence, and that total mandatory fine is $ 1000.00.Driver’s license suspended for three years.
A restricted license can be obtained after four months if the second offense occurred 5 to 10 years ago. A restricted license can be acquired after 1 year if the second offense is within 5 years. All restricted licenses require an ignition interlock system for a period that does not exceed the period of license suspension and limitation, but not less than 6 months.
Third crime within 10 years: A class VI crime, up to 5 years in prison and a fine of $ 2,500.00If the third offense is within 5 years, a fine of at least $ 1,000.00 and a minimum of 6 months must be imposed Mandatory minimum penalty of 90 days if not within 5 years’ Indefinite license suspension.
Fourth or subsequent crime within 10 years: Class VI crimes, mandatory minimum 1-year penalty and $ 1,000.00 fine.