Alcohol and Driving

It is illegal to drive with a Blood-Alcohol Concentration of 0.08% or more.

Drivers under the age of 21 years found to have a BAC of 0.02% will be subject to suspension of their driver's license. Underage drinkers with BAC over 0.05% will most likely be charged with DUI.

A BAC below the legal limit does not mean that it is safe to drive, regardless of your age. Almost all drivers show the effects of alcohol at levels lower than the legal limit. You must always drive attentively and carefully. You must not drive after you have taken any drink or drug that changes how you drive, makes you less careful, or slows your reactions.

Implied Consent

If the police have probable cause to stop you and suspect that you have been drinking or using drugs, they will ask you to take a breath or blood test. This test analyses the amount of alcohol and drugs in your body. Under implied consent laws, if you operate a motor vehicle on Virginia’s public roads, you agree to take a chemical test upon request.

You are required to take the test. If you refuse, your license may be immediately suspended for seven days and it may be suspended for one year, whether or not you are convicted of driving under the influence. If you are convicted of DUI, the suspension period for refusing the test will be added to the DUI revocation period.

Designated Drivers

It is always a good idea to designate a driver. If you are going out with friends, agree in advance which person will drive and not drink. If you have not designated a driver in advance, take a taxi, call someone who has not been drinking for a ride, or spend the night where you are. Under no circumstances should you drive after you have been drinking.

Alcohol and Drug Convictions

If you are convicted of driving with alcohol or drugs in your body (first conviction), the judge may give you up to 12 months in jail. You will also have to pay up to $2,500 in fines the first time you are convicted. In addition, you may lose your license for up to one year.

If the vehicle is registered in your name when you are convicted of driving under the influence of alcohol or other drugs (DUI), the court may take your vehicle away for up to 30 days and force you to pay for its storage.

If you are convicted of driving under the influence of alcohol or other drugs twice within five years, the court may punish you with time in jail, not less than one month, nor more than one year, and a fine no less than $200 nor more than $2,500. Forty-eight hours of such confinement shall be a mandatory, minimum sentence not subject to suspension by the court. Your vehicle may also be impounded for up to 90 days.

After this, you will be allowed to drive only if you file a special certificate of insurance (SR22) with the department.

You may be allowed to obtain a restricted license if you take part in and complete a driving under the influence (DUI) program, or VASAP.

Even if you get insurance after a DUI conviction, it will probably be very expensive.

How to Recognize a Drunk Driver

A drunk driver experiences difficulty with common driving tasks. Learn to recognize these driving errors and avoid drunk drivers. You should watch out for drivers that exhibit the following tendencies:

• Fast drivers, erratic changes in speed, or driving slowly in the "fast" lane.
• Running over the curb, going into the wrong lane, weaving, or straddling two lanes.
• Driving over the center line or crossing a double yellow line.
• Stopping short of a stop sign, overshooting a stop sign, running a stop sign, stopping for a green light or stopping on the road.
• Failing to signal or deceptive signaling.