Virginia DUI Laws & Penalties
Last reviewed:
VA statutes say 'driving while intoxicated' (DWI) but DUI is used interchangeably, including by courts. Notable for BAC-keyed MANDATORY MINIMUM jail even on first offense, and universal ASAP program enrollment.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.02%, enhanced at 0.15%).
- Lookback period: 10 years. 5-year and 10-year windows both matter: 2nd within 5 = harsher than 2nd within 10; 3rd within 10 = Class 6 felony (6-month mandatory minimum if within 5).
- Primary statute: Va. Code § 18.2-266 (offense); § 18.2-270 (penalties)
0.15–0.20: +5 days mandatory jail (first offense); 0.20+: +10 days. Enhancements stack higher on repeats.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | Class 1 misdemeanor | none (BAC <0.15) – 12 months; mandatory min 5 days if BAC 0.15–0.20; 10 days if 0.20+ | $250–$2,500 ($250 mandatory minimum) | 1 year; hardship: restricted license generally available immediately with interlock + ASAP | Required |
| Second offense | Class 1 misdemeanor | 1 month – 12 months; mandatory min 20 days (within 5 years) / 10 days (within 5–10 years); +10 days if 0.15–0.20, +20 if 0.20+ | $500–$2,500 ($500 mandatory minimum) | 3 years; hardship: restricted possible after 1 year (within 5) or 4 months (within 10), interlock required | Required |
| Third offense | Class 6 felony (3rd within 10 years) | 90 days mandatory (within 10 years) / 6 months mandatory (within 5 years) – 5 years; mandatory min 90 days–6 months as above | $1,000–$2,500 ($1,000 mandatory minimum) | indefinite revocation – indefinite; hardship: petition possible after 3 years (restricted) / 5 years (full), interlock + ASAP | Required |
First offense
- Classification: Class 1 misdemeanor
- Jail: none (BAC <0.15) – 12 months; mandatory min 5 days if BAC 0.15–0.20; 10 days if 0.20+
- Fine: $250–$2,500 ($250 mandatory minimum)
- License suspension: 1 year; hardship: restricted license generally available immediately with interlock + ASAP
- Alternative disposition: No general diversion; VASAP (Alcohol Safety Action Program) enrollment mandatory for ALL convictions — probation-like oversight.
- Interlock: IID required for any restricted license (min 6 months; 12 months at 0.15+ where mandated); interlock-only restriction can permit unrestricted-route driving.
- Also: 7-day administrative license suspension at arrest.
Second offense
- Classification: Class 1 misdemeanor
- Jail: 1 month – 12 months; mandatory min 20 days (within 5 years) / 10 days (within 5–10 years); +10 days if 0.15–0.20, +20 if 0.20+
- Fine: $500–$2,500 ($500 mandatory minimum)
- License suspension: 3 years; hardship: restricted possible after 1 year (within 5) or 4 months (within 10), interlock required
- Interlock: IID in ALL vehicles owned/registered to the offender on 2nd+ convictions.
- 60-day administrative suspension at arrest.
Third offense
- Classification: Class 6 felony (3rd within 10 years)
- Jail: 90 days mandatory (within 10 years) / 6 months mandatory (within 5 years) – 5 years; mandatory min 90 days–6 months as above
- Fine: $1,000–$2,500 ($1,000 mandatory minimum)
- License suspension: indefinite revocation – indefinite; hardship: petition possible after 3 years (restricted) / 5 years (full), interlock + ASAP
- Vehicle forfeiture possible; 4th within 10 years = 1-year mandatory minimum prison.
Refusing a chemical test (implied consent)
First refusal: civil offense — 1-year suspension with NO restricted license for that year. Second refusal within 10 years: misdemeanor + 3-year suspension. Unlawful refusal is inadmissible as guilt evidence for first offense (civil), but the suspension bites.
First refusal is civil; verify admissibility nuances (§ 18.2-268.3) at page QC.
Statute: Va. Code § 18.2-268.3
Ignition interlock
IID required as a condition of any restricted license after DUI conviction (min 6 consecutive alcohol-violation-free months); all owned vehicles on repeat offenses; administered through VASAP.
Statute: Va. Code § 18.2-270.1; 24VAC35-60
Frequently asked questions
What is the penalty for a first DUI in Virginia?
A first DUI in Virginia is a Class 1 misdemeanor. Jail: none (BAC <0.15) – 12 months; mandatory min 5 days if BAC 0.15–0.20; 10 days if 0.20+. Fine: $250–$2,500 ($250 mandatory minimum). License suspension: 1 year; hardship: restricted license generally available immediately with interlock + ASAP.
What is the legal BAC limit in Virginia?
0.08% for most drivers, 0.04% for commercial drivers, and 0.02% for drivers under 21.
How long does Virginia look back at prior DUI offenses?
10 years. 5-year and 10-year windows both matter: 2nd within 5 = harsher than 2nd within 10; 3rd within 10 = Class 6 felony (6-month mandatory minimum if within 5).