A person convicted of DWI while transporting a child 17 or under will be fined an additional $500 to $1,000 and must serve at least five days in jail.
The sentencing judge may order a first-time offender to use an ignition interlock device for up to one year after the offender’s driver’s license is restored. Those who commit a second or subsequent offense and those who commit a DWI with a BAC of .15 or more must use an ignition interlock device for at least six months after driving privileges are restored. The judge can, however, order these offenders use the device for a period of time not to exceed the period of the license suspension.
In addition to other penalties that may apply under Virginia’s DWI laws, a commercial driver who commits a first DWI while driving any vehicle will be disqualified from driving a commercial vehicle for one year. If, however, the driver was operating a commercial vehicle and transporting hazardous materials at the time, the disqualification period is three years. A commercial driver who commits a second DWI while driving any vehicle within a 10-year period will be disqualified from driving a commercial vehicle for life, which may or may not be reduced to a period of not less than 10 years.
A driver under 21 who commits a DWI will forfeit his or her driver’s license for one year and be fined up to $500. A person who commits underage DWI may also be required to attend an alcohol safety action program and drive on a restricted license. If the offender is 18 or older and his or her BAC measured .08 or more, the offender may be subject to the penalties applicable to drunk drivers 21 and older.
Virginia does not have a dram shop act.
It is a crime for a licensed drinking establishment to sell alcohol to persons under 21. A violation of this law subjects the offender to up to 12 months in jail, a fine of up to $2,500, or both.
It is a crime for a person to furnish alcohol to a person under 21. Violators face up to 12 months in jail, a fine of up to $2,500, or both. These offenders will also have their driver’s licenses suspended for up to one year.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.