Virginia DUI Laws

Updated: Sep 24, 2021

So you’re from the State of Virginia and have received a DUI, right? Though that is not an ideal situation, we can provide you with information that will help. We outline Virginia’s DUI law, as well as consequences and remedies, so that you can make informed decisions. Check it out for yourself.

The Law

Virginia DUI law states that it is against the law for any person to drive a motor vehicle while under the influence of alcohol or drugs, if he or she has a blood alcohol concentration level of .08% or greater.

Virginia Alcohol Safety Action Program (VASAP)

If you have a Virginia DUI you may have to take a VASAP. These are 20 hour DUI classes and are typically taken in person at a state licensed facility. There are 24 ASAPs located throughout the Commonwealth of Virginia. If you receive your DUI in Virginia but are not a resident, you still must complete Virginia ASAP requirements. You can find more information on the classes here: https://vasap.virginia.gov/faq.html

Out of State Residents Who Receive a Virginia DUI

During the supervision period, the ASAP will monitor your case. Instructions and requirements will be given to you in an out-of-state enrollment package. Further communication will take place by telephone and e-mail. When the type of intervention required is determined, the case manager will assist you in finding comparable services in your home state that meet Virginia requirements. If you live in another state or country, it is your responsibility to find an appropriate education or treatment provider. Prior to attending any out-of-state program, you must enroll in the ASAP and obtain prior approval. Out-of-state providers will need to submit progress reports to ASAP.

The Penalties

  • Imprisonment: Minimum of 5 days in jail.
  • Fines: Minimum $250 fine.
  • Impact on License: Revoked for one year.
  • Ignition Interlock Device: You may be required to install an ignition interlock device on your vehicles.

The Solution

To have your license reinstated, you must file an SR22 form which you can attain from your insurance provider.

You will be required to carry your SR22 insurance for a period of 3 years.

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