Difference between DWI & DUI in Virginia

Anytime you come across articles or news stories related to a person driving after drinking alcohol or being impaired by another substance in Virginia, you will likely hear a few phrases used interchangeably.

• Driving under the influence (DUI)
• Driving while intoxicated (DWI)

Some people understandably get confused when they see these two phrases used for seemingly the same things. Some states are very specific when referring to driving under the influence charges and choose to use one of the terms exclusively. Here, the Virginia DWI and DUI defense attorneys at Randall, Page & Bruch, P.C. want to discuss what these two terms mean in Virginia and how they can affect you.

In some states around the country, DUI charges are considered a less serious offense than DWI. However, that is not the case in the Commonwealth of Virginia. Here, both DUI and DWI are equally serious, and a person charged could face the same penalties upon conviction. The following are the penalties for a DUI or DWI in Virginia:

First offense DUI or DWI

• Up to 12 months in jail (usually no time for first-offense)
• Fine ranging from $250 to $2,500
• License suspension of one year
• Ignition interlock device (IID) for a minimum of six months

Second offense DUI or DWI

• Minimum 10 days but up to 12 months in jail
• Fines ranging from $500 to $2,500
• License suspension for three years
• Ignition interlock device (IID) for a minimum of six months

Third offense DUI or DWI

• Minimum 90 days but up to 5 years in jail
• Fines ranging from $1,000 to $2,500
• Indefinitely license suspension
• Ignition interlock device (IID) for a minimum of six months

In addition to the penalties listed above, drivers charged with DUI or DWI in Virginia could face additional hardships when it comes to securing a job. DUI offenses will show up on a criminal background check, and many employers are not willing to take a chance on hiring somebody with these convictions on their record.