dui law changes

Recent Changes in DUI Laws You Should Know About for Virginia

Drunk driving laws in Virginia continue to change. The legislature simply cannot seem to leave them alone. Even with these new changes, you could still face very serious penalties for a conviction. You could suffer high fines, jail time, loss of your driver’s license, and other significant penalties. A strong DUI defense may help prevent or reduce the penalties you face.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC always stay up to date with DUI law changes in Virginia. We ensure you know them so that you can best protect your rights. Here, we discuss four important recent changes to our DUI laws that may affect your case.

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Changes to Restricted License Imposition

It has been true for a long time that if you refuse to take a blood or breath test after your arrest, you could be convicted for violating the state’s implied consent law. This is not the roadside breath test, which is optional. This blood or breath test occurs after you are arrested on suspicion for driving while intoxicated (DWI). Under the previous law, your refusal could result in a suspension of your driver’s license for one year.

Under recent changes, you may now request a restricted driver’s license. This request can be made starting 30 days after your conviction. To qualify, you must complete a Virginia Alcohol Safety Action Program (VASAP) and consent to install an ignition interlock device on your vehicle.

First-Time DUIs and Restricted Licenses

Those convicted of a first-time DUI now have more opportunity to apply for a restricted license. Under old versions of the law, convicted individuals could apply for the restricted license after 12 months, and only for very limited purposes such as:

  • School
  • Medical appointments
  • Work 
  • Court hearings
  • Other essential purposes

Under the changed law, you may apply for a restricted license that allows you to drive for any reason if you meet all of the following requirements:

  • Your blood alcohol concentration (BAC) was 0.15 percent or less
  • This was your first DUI conviction
  • You agree to an ignition interlock device during the entire 12-month restriction period
  • You file a motion to request the restricted license

Even repeat offenders may be eligible under this change, if they also agree to undergo a VASAP program and not consume alcohol.

Illegal Driving Following a DUI

You may now face a Class 1 misdemeanor if you commit various acts while your driver’s license is revoked due to a DUI conviction. These include the following:

  • Driving while your driver’s license is restricted, suspended, or revoked after a BAC of 0.02 percent or more
  • Driving on a highway after your driver’s license was revoked due to a traffic violation or DUI
  • Failing to install or tampering with an ignition interlock device when required
  • Driving in a way that violates your restricted license terms

Tampering With or Circumventing an Ignition Interlock Device

Another recent law change specifically addresses when individual tamper with an ignition interlock device. These devices are installed on your car and require you to blow into a device that measures your BAC. If it detects any alcohol, it will not allow your car to start. These devices have become increasingly technological, and can detect multiple types of tampering or circumvention. This might include attempted removal or having someone else blow into it for you.

You could face a Class 1 misdemeanor charge if convicted of messing with the ignition interlock device. This could result in 12 months in jail or a fine of up to $2,500.

Defend Against DUI and Related Convictions

At Battlefield Law Group PLLC, our attorneys stay up to date on legal changes that affect Virginia DUIs. We ensure you have the best representation possible to best protect your constitutional rights. 

Contact us today for a free consultation of your case.