DUIs in Virginia

Virginia DUI penalties depend on the charge, qualifying prior convictions and any proven BAC enhancement. Your driving privileges can also be suspended before the case is decided. This guide explains the criminal penalties, license consequences and restricted-driving rules. For help evaluating the evidence and choosing counsel, see our Virginia DUI lawyer page.

At a glance

• Charge: An ordinary first or second DUI is a Class 1 misdemeanor. A third within 10 years, or a DUI after certain qualifying felony convictions, is a Class 6 felony.
• Alcohol: A BAC of 0.08 or more is one DUI theory. Impairment can support a charge below 0.08; drivers under 21 also face a separate alcohol offense.
• At arrest: A qualifying breath-test result or unreasonable refusal can trigger an immediate suspension: 7 days for a first charge, 60 days for a second, or until trial for a third or later charge, subject to the statutory trial-date rules.
• After conviction: A first DUI ordinarily brings 1 year without unrestricted Virginia driving privileges; a second within 10 years brings 3 years; a qualifying felony DUI brings indefinite revocation.
• DMV record: An ordinary DUI conviction carries six demerit points and an 11-year Virginia driving-record retention period. That period is separate from criminal-record rules and from the time points remain active.

DUI Arrests in Virginia

Under § 18.2-266, Virginia prohibits driving or operating a motor vehicle with a BAC of 0.08 or more, while under the influence of alcohol, while impaired by drugs or combined alcohol and drugs, or with specified concentrations of certain drugs. A BAC below 0.08 does not rule out an impairment-based conviction. Drivers under 21 face a separate offense under § 18.2-266.1 for operating after illegally consuming alcohol with a BAC of at least 0.02 but less than 0.08.

Virginia’s implied-consent law generally applies to highway operation followed by a qualifying arrest within three hours. In an alcohol case, breath is ordinarily the required evidentiary test; blood testing has separate statutory conditions. Under § 46.2-391.2, a qualifying breath result of at least 0.08 (0.02 for drivers under 21), or an unreasonable refusal, can trigger immediate suspension when the required charge is issued. The period is 7 days for a first charge, 60 days for a second, and until trial for a third or later charge. A second-charge suspension can end at trial if sooner, but not during its first seven days. For nonresidents, the order affects the privilege to drive in Virginia. The court can review a suspension while it remains in effect.

An unreasonable refusal of required post-arrest testing is a separate allegation under § 18.2-268.3. Without qualifying prior convictions, refusal is civil and carries a one-year suspension. The court may grant a restricted license for good cause, with interlock and VASAP conditions. A breath-test refusal after a qualifying DUI or refusal conviction within 10 years can be a Class 1 misdemeanor with a three-year revocation, even if it is the person’s first refusal. Blood-test refusal remains civil, with a longer license penalty when qualifying priors apply. Our breath test refusal guide explains these distinctions.

Penalties for Virginia DUIs

Under § 18.2-270, the charged offense, qualifying prior convictions, offense dates and BAC determine the penalty range. Statutory mandatory minimums are cumulative and consecutive, subject to the applicable maximum punishment.

First offense

A first DUI is a Class 1 misdemeanor, with up to 12 months in jail and a fine of up to $2,500, including a $250 minimum. A BAC of at least 0.15 through 0.20 adds five mandatory days in jail; above 0.20 adds ten.

Second offense

A second DUI within ten years carries a minimum $500 fine and a jail sentence of at least one month, with 20 days mandatory if the offenses were less than five years apart or 10 days mandatory if they were five to ten years apart. A BAC of at least 0.15 through exactly 0.20 adds 10 mandatory days; above 0.20 adds 20. Either high-BAC tier also adds a $500 mandatory fine. The Class 1 misdemeanor maximum still limits the total punishment.

Third and later offenses

A third DUI within ten years is a Class 6 felony, with a minimum $1,000 fine and at least 90 mandatory days of confinement, or six months if all three offenses occurred within five years. A fourth or later offense within ten years carries at least one mandatory year and a $1,000 minimum fine. A DUI after certain qualifying felony DUI or DUI-related injury or death convictions is also a Class 6 felony with a one-year mandatory minimum and a $1,000 minimum fine, even without three offenses in ten years.

A child in the vehicle

Driving under the influence with a passenger 17 or younger adds a fine of $500 to $1,000 and five more mandatory days in jail. Our article on DUI with a minor in the car explains this enhancement.

Your License, Restricted Driving and Ignition Interlock

Under § 18.2-271, a first DUI conviction ordinarily suspends Virginia driving privileges for one year. A second within ten years brings three years, and a qualifying felony DUI brings indefinite revocation. These consequences are separate from the administrative suspension at arrest and run consecutively to an applicable refusal suspension.

Restricted driving may be available under § 18.2-271.1, with VASAP enrollment and the conditions in the court’s order. Under § 18.2-270.1, an adult first-offense DUI restricted license can allow driving for any lawful purpose with a certified ignition interlock for at least 12 consecutive months without alcohol-related violations. On the offender’s motion, the court may use a six-month minimum if it adds restrictions for the duration of the restricted license. Drug-only DUI, repeat-offense and refusal cases have different rules. A restricted license does not authorize commercial driving.

These rules turn on the exact charge and your history, so we go through them with you before you make decisions about your case.

Drivers Under 21

For drivers under 21, operating after illegally consuming alcohol with a BAC of at least 0.02 but less than 0.08 violates § 18.2-266.1. It is a Class 1 misdemeanor with one-year license forfeiture and either a mandatory minimum $500 fine or at least 50 hours of community service. Restricted driving with interlock may be available. A driver under 21 may also face § 18.2-266 when the evidence establishes DUI, including impairment below 0.08.

If You Live Outside Virginia

Living outside Virginia does not resolve a charge filed here. Virginia can suspend your privilege to drive in this state, and your licensing state’s separate rules may also apply. We can review the Virginia charge and license paperwork with you and explain what needs to be checked in your home state.

How We Help

Every DUI case turns on its evidence: the reason for the stop, the officer’s observations, field tests, the breath or blood test and how it was handled. Our Virginia DUI lawyer page explains that evidence in more detail. We review it with you, tell you candidly what we see, and explain your options at each stage, from the administrative suspension through trial. We tell you our fee up front.

Ryan Rambudhan has practiced criminal defense since 2013. We handle DUI cases throughout Northern Virginia, including Fairfax County, Prince William County and Loudoun County.

Frequently Asked Questions

Talk With a Virginia DUI Lawyer

At NOVADefenders, our office is in Fairfax, and we represent people charged with DUI across Northern Virginia. Bring your summons or warrant and any license paperwork you received at the arrest, and we will explain your next steps.

Call 703.273.6431 at any hour and you will speak with a real person. The consultation is free, and you can also contact us online.

Reviewed by attorney Ryan Rambudhan | Updated October 14, 2026

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