There were just over 14,000 DUI convictions in Virginia in 2022. While we all know that driving while under the influence of drugs or alcohol is illegal, that doesn’t stop some drivers. If caught by law enforcement, you could face serious charges. However, common terms can become confusing when spoken of interchangeably. Understanding how Virginia defines a DUI vs. DWI will help you understand your rights and possible defenses.
What Is a DUI in Virginia?
By legal definition, a DUI stands for “driving under the influence.” The term describes someone whose ability to operate a motor vehicle is impaired by alcohol or drugs. It is a broad term that can apply to a variety of impairments, including legally prescribed medication.
What Is a DWI in Virginia?
A DWI is an acronym used for someone “driving while intoxicated.” Your blood alcohol (BAC) measurement is .08% or higher. If your BAC is in this range, you can be found guilty of a DUI without showing physical or behavioral signs of intoxication. There is a presumption that the person’sperson’s ability to operate a vehicle is impaired due to the level of alcohol in their system.
What Is a DUID in Virginia?
A less common term is DUID, or driving under the influence of drugs. The Code of Virginia 18.2-266 defines that it is illegal to operate a vehicle while under the influence of drugs, alcohol, or both in your system.
- Cocaine- .02 milligram per liter of blood
- Methamphetamine- .1 milligram per liter of blood
- Phencyclidine (PCP)- .01 milligram per liter of blood
- 3,4-methylenedioxymethamphetamine (MDMA)- .1 milligrams per liter of blood
Virginia DUI/DWI Laws
Officially, Virginia legal code uses the term “driving while intoxicated” (DWI). However, you will commonly hear the terms DUI and DWI used interchangeably when speaking about driving under the influence. The Virginia law makes operating a vehicle with a BAC of .08 or more illegal. However, this does not mean you cannot face DUI charges if your BAC is below this amount. No matter the amount, if the alcohol impairs your ability to operate a motor vehicle, you could get charged.
Drivers Under the Age of 21
The legal drinking age in the United States is 21. Because of this, Virginia has a no tolerance approach to drivers under 21 who operate a motor vehicle while under the influence. If drivers have a BAC of .02% or more, they face DUI charges.
What Are the Penalties for a DWI and a DUI in Virginia?
Virginia’s penalty for being found guilty of a DUI or DWI is harsh. In addition, the punishments increase the more times you are found guilty. You will face the same punishment for a DUI or DWI, as Virginia law treats them the same. Virginia lawmakers’ goal is to discourage people from driving while under the influence of alcohol or drugs by making the punishments progressively more unpleasant.
First Offense
- Class 1 misdemeanor
- Fines between $250 and $2,500
- Ignition interlock device (IID) for up to six months
- Possible jail time could be up to one year.
- Require jail time minimum of five days if your BAC was at least .15 or ten days if your BAC was .20 or more.
Second Offense
If you commit a second offense within ten years of your first, your second DUI is also a class 1 misdemeanor.
- Fines that are $500 to $2,500
- Jail time between ten days and one year
- Minimum six months of driving with an IID
- Possible three-year suspension of your license.
Third Offense
- Class 6 felony
- Fines that are $1,00 to $2,500
- Jail time between 90 days and five years
- Indefinite license suspension
- Minimum of six months with an IID
Fourth and Following Offenses
- Class 6 felony
- Minimum of one year in jail
- Minimum $1,000 fine
However, because they are minimums, the punishment could be greater, depending on the circumstances surrounding the DUI. Finally, you face the possibility of your licenses getting suspended for an indefinite amount of time.
