Complex sentencing laws for drunk drivers deal with re-offenders

Chris Dumond / Lynchburg News & Advance
Published: March 3, 2008

Drunk driving laws are among the most amended parts of criminal law in Virginia, according to Lynchburg Commonwealth's Attorney Michael Doucette. And, according to his counterpart, Bedford County Commonwealth's Attorney Randy Krantz, they are also the most complicated and difficult to understand.
Using information from the Virginia Alcohol Safety Action Program, established to reduce repeat drunk-driving offenses, the following breaks down the law by offense level.

• For all convictions, if a drunk driver is found with a passenger under the age of 17, the person must pay a fine of $500 to $1,000 in addition to mandatory minimum fines for the conviction and must spend a minimum of five days in jail.
• Administrative license revocation by the Department of Motor Vehicles also comes into play for all convictions. At the time of arrest, the person's driver's license is suspended for seven days if the driver refuses to take a breath test or the results of the breath test are greater than or equal to .08 if the driver is 21 or older, .02 if the driver is under 21 years old. In a second offense, the suspension is for 60 days or until his or her trial, whichever comes first. Under a third or subsequent offense, the suspension is effective until the time of trial.
• For first and second offenses, so long as the second offense falls within 10 years of the first offense, the driver must complete the Virginia Alcohol Safety Action Program.
• A first-offense drunk-driving violation calls for a mandatory minimum fine of $250 with a maximum fine of $2,500. The maximum jail sentence is 12 months with a five-day mandatory minimum jail sentence if the person's blood-alcohol content is greater than or equal to .15, 10 days if the blood-alcohol concentration greater than .20. The driver's license can be suspended up to one year, although a restricted license may be issued. An ignition interlock, which requires the driver to take a breath test to ensure sobriety, is mandatory if the person's blood-alcohol concentration is .15 or greater.
• For a second conviction within five years, the mandatory minimum fine is $500, $1,000 if the blood-alcohol level is .15 or higher. Those convicted of a second or subsequent DUI must pay an additional $50 to a Trauma Center Fund. The maximum fine is $2,500. The maximum jail sentence is 12 months with a mandatory minimum of 20 days in jail; 30 days if the BAC is .15 or greater; or 40 days if the BAC is greater than .20. The driver's license can be suspended for up to three years with a restricted license possible after one year. Restricted driver's licenses allow a person to drive under special circumstances, such as to and from work or to and from therapy. Ignition interlock is mandatory.
• For a second conviction within five to 10 years, the same fines apply as those under a second conviction within five years. The maximum jail sentence is 12 months with a mandatory minimum of 10 days in jail; 20 days if the BAC is .15 or greater; or 30 days if the BAC is greater than .20. The driver's license can be suspended for up to three years with a restricted license possible after four months. Ignition interlock is mandatory.
• A third offense within five years is a felony. A $1,000 fine is mandatory with a maximum fine of $2,500. A six-month jail sentence is mandatory with a maximum sentence of up to 12 months in jail at the discretion of the judge or jury, or up to five years in prison. The driver's license is revoked indefinitely, although offenders may ask a judge for restricted driving privileges after three years. After five years, a person may ask for full driving privileges, but ignition interlock is required for at least six months after driving privileges are restored in either case.
• A third offense within five to 10 years is also a felony. The same fine structure as a third conviction within 5 years applies. A 90-day jail sentence is mandatory with a maximum sentence of up to 12 months in jail, or up to five years in prison. Driver's license revocation terms are the same as those for a third conviction in five years.
• A fourth offense or subsequent offense within 10 years is a felony. The same fine structure as a third conviction within 5 years applies. A 12-month jail sentence is mandatory with a maximum sentence of up to 12 months in jail, or up to five years in prison. Driver's license revocation terms are the same as those for a third conviction in five years.

Most suspended drivers get minimum sentence of 10 days

Driving on a suspended or revoked license, or violating the terms of a restricted license, could land you in jail for up to a year in Virginia, more for those who continue to ignore the law.
Locally, however, those convicted typically are sentenced to the mandatory minimum, 10 days in jail.
• Violations of the terms of a restricted, suspended or revoked license in Virginia is a class-1 misdemeanor. A conviction carries up to 12 months in jail and a fine of up to $2,500. A conviction requires an additional suspension equal to the length of the violated suspension.
If the license has been suspended or revoked, a judge may suspend the license for an additional 90 days after the license is reinstated.
• A third conviction within three years is a Class 6 felony, which carries a mandatory minimum sentence of 10 days in jail unless it is found that the person drove because of an extreme emergency to save life or limb. The maximum penalty is five years in prison and a fine of up to $2,500.
• Driving while suspended or revoked when the suspension is due to a DUI, maiming someone as a result of a drunk-driving crash, a DMV administrative license suspension after a DUI arrest, being declared a habitual offender for drunk driving or refusal to take an alcohol test, the driver's vehicle may be impounded for 30 days.
• Such a vehicle can be impounded for 90 more days with a conviction of driving while suspended or revoked for DUI manslaughter, DUI maiming or being a declared a habitual DUI offender.
• A person who knowingly enables a person to drive when that person's license has been suspended or revoked for alcohol-related offenses can be jailed for up to 12 months and fined up to $2,500.