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Virginia DMV DUI Rules

Virginia has a different way of dealing with DUI cases than many jurisdictions.  Unlike in DC, Virginia judges can take your license if you are convicted of a DUI.  But that's not the end of things.  The Virginia DMV will still be involved when you want to get your license back.


The Virginia DMV has created this pamphlet that describes their stance on DUIs.  As you can see from their publication, a Virginia driver who beats a DUI charge may still lose their license if they refuse to take a breath test upon request by the police.   The Virginia DMV also has summarized some of Virginia's DUI laws.  Here's a small sample of what they have to say:

When operating a motor vehicle, boat or watercraft in Virginia, you are legally considered driving or operating under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because you are under the influence of any drug,
you may face the same penalties as driving under the influence of alcohol. If you are involved in a motor vehicle crash and a law enforcement officer has probable cause, you can be arrested for DUI within three hours of the crash without a warrant and at any location. If you are arrested for DUI a third or subsequent time within a five-year period, you will not be granted bail while you wait to go to trial. All DUI laws apply to mopeds operated on public highways.

Give us a call if you have any questions of on the role the Virginia DMV plays in DUI cases.  Also, if you want to see the DMV's full publication about DUIs, you can find it HERE.

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