Is There Mandatory Jail Time for DUI in Virginia?
Thomas Soldan: In certain circumstances, jail time may be mandatory for a DUI conviction. Aggravated DUIs or repeat offenses do include mandatory jail time under most circumstances. Aggravated DUI for these answer means when a person has given received a Certificate of Analysis showing a BAC above 0.15. If the BAC is above 0.20 there is a different level of penalty imposed. A conviction with a BAC above 0.15 requires at least five days of mandatory active time; above 0.20 at least 10 days of mandatory active time. There may be additional mandatory active time required for repeat offenses and that information can be found at 18.2-270. Other factors such as the presence of children in the car during a DUI and an accident resulting in serious injury may also impose additional mandatory time. In other cases, however, active jail may not be imposed. It is a fact-specific inquiry based upon your case, the facts of your alleged offense ,and the jurisdiction.