How Many Points Will a DUI Charge Put on Your License in VA
Driving is not a “right” guaranteed under the U.S. Constitution to the laws of Virginia.
The Virginia Department of Motor Vehicles (VDMV) uses a point system to rate Virginia drivers. Under this framework, those who abuse their driving privilege may incur demerit points.
But how many demerit points is a DUI? The number of points added to a license depends on the facts and circumstances surrounding the violation. However, a motorist can generally expect to get six points on their driver’s license after a DUI conviction.
DUI arrests, convictions, and sentences can have a long-term impact on many aspects of your life. In addition to demerit points, fines, and jail time, many face significant collateral consequences.
If you have been charged with DUI, it is important that you consult with an experienced Virginia DUI defense attorney to discuss your rights and defenses.
Demerit Points VA
Under Virginia law, the court notifies the DMV after a traffic violation ticket. After the DMV receives notification, the agency will do the following:
- Post the moving violation to your driving record, and
- Assign demerit points.
In addition, in some cases, the DMV will also do the following:
- Issue a suspension order, or
- Issue an order requiring you to participate in and complete a driver improvement clinic.
The DMV assigns demerit points relative to the severity of the offenses. The offenses generally fall under the following categories:
- Speeding,
- Passing/driving,
- Turning/backing,
- Signs,
- Lights,
- Licenses,
- Reckless driving,
- Railroad crossings,
- Driving under the influence,
- Manslaughter, and
- Habitual offenders.
The length of time the points remain on one’s license can range from 3-11 years.
Three-Point Violations
In Virginia, some three-point violations include the following:
- Speeding one to nine mph above the speed limit,
- Impeding traffic,
- Improper passing,
- Improper turning, and
- Failing to obey a highway sign.
Most of these violations remain on your record for three to five years.
Four-Point Violations
Four-point violations result from the following:
- Failing to stop before entering a highway,
- Passing to the left of an approaching vehicle,
- Failing to yield to a funeral procession,
- Following too closely, and
- Aggressive driving.
While most of these offenses stay on a driver’s record for three years, some more serious violations can remain for up to 11 years.
Six-Point Violations
Six-point violations include the following:
- Felony or misdemeanor reckless driving,
- DUI,
- Manslaughter,
- Habitual offenders,
- Driving a commercial motor vehicle while disqualified,
- Attempting to elude police, and
- Causing the death of a vulnerable road user.
DUI convictions typically remain on a driving record for 11 years.
How Many Points Do You Get for a DUI?
DUI convictions result in six points. However, your insurance company may assign points to your insurance records. These points are unique to individual insurance companies and do not necessarily correlate with DMV points.
Common DUI convictions that result in six points include the following:
- Driving while intoxicated (DWI);
- Driving under the influence of alcohol;
- Driving under the influence of drugs;
- Driving after illegally consuming alcohol (persons under age 21);
- Driving while intoxicated and causing an accident that results in maiming;
- Involuntary manslaughter where alcohol was a factor;
- Refusing a blood or breath test;
- Driving while your license is suspended or revoked for driving while intoxicated
- Driving while your license is revoked for driving while intoxicated—maiming; and
- Driving while your license is revoked for driving while intoxicated—involuntary manslaughter.
It is important to note that demerit points can also be assigned to your record from your out-of-state traffic convictions.
Consequences of DUI Points
There are various consequences to accumulating demerit points because of a DUI in Virginia.
Drivers License Suspension
A first-time DUI offense or breath test refusal will result in an automatic suspension of seven days if the driver’s blood alcohol content (BAC) is 0.08% or higher.
A second DUI offense will result in an automatic 60-day license suspension or until the motorist goes to trial. Third-DUI offenses result in an automatic suspension until the case goes to trial.
Drivers License Revocation
In some cases, a DUI conviction completely revokes a motorist’s driving privileges. Drivers who want to reinstate their licenses must meet all of the terms of the revocation, pass all relevant knowledge and skills tests, and pay for a new license.
Removing Driver’s License Points
Virginia maintains strict drunk driving laws. However, the Commonwealth provides ways for drivers to redeem themselves. Virginia drivers can collect safe driving points if they do not violate any traffic rules for one year.
Moreover, drivers who complete driver improvement classes can accumulate five safe driving points.
DUI convictions can tremendously impact a motorist’s driving record, which can, in turn, affect their relationships, livelihood, and reputation. It is essential that those charged with DUI consult with a defense attorney to avoid the ramifications of a DUI conviction.
Speak with a Virginia DUI Defense Lawyer About Your Case Today
How many points is a DUI in Virginia? Zero if you’re not convicted, and that’s the goal if at all possible.
At the law firm of Flusche & Fitzgerald, we are committed to providing each of our clients with zealous representation at every stage of the process, helping your arrest to have as little impact on your life as possible.
We have decades of experience successfully defending clients facing even the toughest DUI charges. To schedule a free consultation with a Virginia DUI defense lawyer today, call 540-318-5824.
You can also reach us through our secure online contact form.
