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In Virginia, a DWI conviction remains on the driver's criminal record permanently. It stays on the driver's Department of Motor Vehicles (DMV) record for 11 years from the conviction date. While the DWI is still attached to the driver's DMV record, it is visible to anyone who requests it.
Virginia's DUI laws indicate that the court must administratively suspend your driver's license for seven days if it is your first offense and you either refuse the chemical test or your blood alcohol concentration (BAC) is 0.08 or greater. This happens without a court hearing; it is automatic.
How Do You Get a DUI Dismissed in Virginia? Prove the Traffic Stop Is Unlawful. ... Establish an Illegal Search and Seizure. ... Argue Against the Validity of a Field Sobriety Test. ... Challenge the Accuracy of a Blood or Breath Test. ... Prove Signs of Impairment Are Due to a Medical Condition. ... Speak to a Criminal Defense Lawyer Now.
In Virginia, a first-offense DUI is a Class 1 misdemeanor. The conviction penalties include up to 1 year in jail and/or a fine of up to $2,500, with a mandatory minimum of $250.
If a person is convicted of a first-offense DUI they will be facing a 12-month loss of license following a first-offense DUI in Virginia. The person will also be required to complete ASAP, which is the Alcohol Safety Action Program. Lastly, there is a fine of generally $300 to $500.