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Virginia driving lesson · Penalties & License Actions

Alcohol & the Law: Implied Consent, ALS & Open Containers

A 3-minute lesson from the Virginia course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

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Read time
3 minutes
Course unit
Penalties & License Actions
Checkpoint questions
6
Source pages
32

Drinking and driving penalties in Virginia are severe and start before any trial. Just by driving on public roads you've agreed to a breath test, and refusing or failing one gets your license suspended automatically.

Implied consent

By operating a motor vehicle on Virginia's public roads, you agree to take a breath test upon request.

Handbook p. 32 ↗

Know the rule

If police have probable cause to suspect drinking or drug use, they will ask you to take a breath or blood test.

Handbook p. 32 ↗
3 hours

After a crash, an officer with probable cause can arrest you for DUI within this time, without a warrant, at any location

Handbook p. 32 ↗

Administrative License Suspension (refusal, or BAC .08+ with DUI charge)

Administrative License Suspension (refusal, or BAC .08+ with DUI charge)
OffenseAutomatic suspension
First7 days
Second60 days or until trial, whichever comes first
ThirdUntil the trial
Handbook p. 32 ↗

Know the rule

A DUI conviction adds court and DMV suspension/revocation and other penalties on top of the ALS. Multiple DUI convictions' suspension/revocation periods run consecutively.

Handbook p. 32 ↗

You may be charged with drinking while driving if:

  • You're stopped with an open alcohol container in the passenger area with contents partly removed, and
  • You show signs you've been drinking
Handbook p. 32 ↗

Passenger area

The area that seats the driver and passengers and anything within the driver's reach, including an unlocked glove compartment.

Handbook p. 32 ↗

DUI with a juvenile (17 or younger) in the vehicle:

  • Additional mandatory 5-day jail term, plus all other fines and jail
  • Possible additional fine of at least $500 and up to $1,000
  • Second such offense: additional 80 hours of community service
Handbook p. 32 ↗

Put it into practice

It's your second DUI charge and you refuse the breath test. Your license is automatically suspended for 60 days or until your trial, whichever comes first, before any conviction.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

Under Virginia's implied consent law, what do you agree to by driving on public roads?
  1. To always carry proof of insurance
  2. To submit to random roadside inspections
  3. To a blood test at any traffic stop
  4. To a breath test if arrested for DUI

Answer: To a breath test if arrested for DUI

Under implied consent laws, driving on Virginia's public roads means you agree to take a breath test upon request.

Handbook p. 32 ↗
After a crash, how long does an officer with probable cause have to arrest you for DUI without a warrant?
  1. Within three hours of the crash
  2. Within thirty minutes of the crash
  3. Within twenty-four hours of the crash
  4. There is no time limit

Answer: Within three hours of the crash

If involved in a crash and probable cause exists, you can be arrested for DUI within three hours without a warrant.

Handbook p. 32 ↗
What is the Administrative License Suspension for a first-offense refusal of a breath test or a BAC of .08 or higher?
  1. Sixty days
  2. Seven days
  3. Until trial
  4. Thirty days

Answer: Seven days

A first offense triggers an automatic seven-day administrative license suspension.

Handbook p. 32 ↗
What is the Administrative License Suspension for a second-offense DUI charge?
  1. Seven days flat
  2. Until trial only, with no fixed minimum
  3. 60 days or until trial, if sooner
  4. One year

Answer: 60 days or until trial, if sooner

A second offense results in a 60-day suspension or suspension until trial, whichever comes first.

Handbook p. 32 ↗
What two conditions must be met to be charged with drinking while operating a vehicle due to an open container?
  1. An open, partly emptied container plus signs of drinking
  2. Any open container anywhere in the vehicle
  3. A sealed container in the back seat
  4. An empty container found after the trip ends

Answer: An open, partly emptied container plus signs of drinking

You may be charged if stopped with an open, partially consumed container in the passenger area and show signs of drinking.

Handbook p. 32 ↗
A DUI conviction with a juvenile passenger age 17 or younger in the vehicle carries what additional penalty?
  1. A mandatory ten-day jail term with no fine
  2. A mandatory five-day jail term plus fines
  3. Only a warning if it's a first offense
  4. No additional penalty beyond a standard DUI

Answer: A mandatory five-day jail term plus fines

A DUI conviction with a juvenile passenger 17 or younger adds a mandatory five-day jail term plus other fines.

Handbook p. 32 ↗
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