Traffic Safety Laws
Impaired Driving
Virginia is one of the toughest States in the nation when it comes to impaired driving. Even so, 38% of all of our fatalities involve an impaired driver.
Every state in the nation has adopted .08 blood alcohol content (BAC) as the baseline for impaired driving. As such, there are five ways to violate Virginia's DUI law –
- Operating a vehicle with a blood alcohol level above 0.08,
- operating a vehicle while "under the influence" of alcohol;
- operating a vehicle while "under the influence" of drugs;
- operating a vehicle while "under the influence of both alcohol and drugs;
- operating a vehicle with a blood cocaine level of 0.02, a blood methamphetamine (“speed,” “meth,” “ice”) level of 0.10, a blood phencyclidine (“PCP,” “angel dust”) level of 0.01, or a blood 3,4-methylenedioxymethamphetamine (“MDMA,” “ecstasy”) level of 0.10
If arrested for suspicion of driving under the influence (DUI), you must submit to a breath test and/or blood test. If you do not, the following actions will be taken:
- First time: you will lose your license on a civil basis
- Second time: this action now becomes a criminal offense and you may receive up to six months in jail.
- Third time: you may receive up to one year in jail and you will lose your license for three years.
The punishment for violations of the DUI itself vary based upon the following variables, and can be either a misdemeanor or a felony:
- First, second or subsequent offense.
- BAC level.
- Child in the car at time of arrest.
For example, for a first offense with a BAC of .15 or above, there is a mandatory five day jail sentence, and a mandatory jail sentence of 10 days once that level reaches .21 or above.
In addition to jail or prison time, other penalties including fines, license suspension, rehabilitation or an ignition interlock device may be imposed.
Another important law is the open container law, which prohibits the possession of an open container of alcohol by the driver and/or passengers of a vehicle. The law in Virginia applies to the driver only, and has language that is somewhat loose in that it allows a “rebuttable presumption,” meaning that the charge is not absolute.
The law also addresses those offenders that continue to drive on their suspended license. Virginia law provides law enforcement with the ability to impound the offender's vehicle as a sanction for an impaired driving offense or for driving with a suspended license.
Sobriety checkpoints are a valuable component of a comprehensive enforcement strategy aimed at deterring alcohol-impaired driving. Research shows that the key to effective deterrence is the public's perception of the likelihood of being caught in violation of the law. The public identifies checkpoint activity with increased risk of apprehension. Virginia conducts sobriety checkpoints weekly.
