A Complete Guide to Virginia's DUI Laws: From First Offense to Felony Charges

June 21, 2025

A Complete Guide to Virginia's DUI Laws: From First Offense to Felony Charges

Introduction

Virginia's "Driving Under the Influence" (DUI) laws are among the strictest in the United States, carrying severe and escalating penalties for convictions. The Commonwealth takes a firm stance against impaired driving, imposing mandatory minimum jail sentences, substantial fines, lengthy license suspensions, and requiring participation in the Virginia Alcohol Safety Action Program (VASAP) and the installation of Ignition Interlock Devices (IIDs). DUI convictions in Virginia result in a permanent criminal record that cannot be expunged.

The General Framework of Virginia DUI Laws

In Virginia, it is unlawful for any person to drive or operate a motor vehicle while:

"Per Se" DUI: Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more.
Impaired DUI: Under the influence of alcohol, drugs (including prescription or over-the-counter medications if they impair driving), or a combination of both, to a degree that impairs their ability to safely operate a motor vehicle. This applies even if the BAC is below $0.08%$ .
Presence of Certain Substances: Having a certain concentration of specific drugs (like cocaine, methamphetamine, PCP, or MDMA) in their blood, regardless of actual impairment.

Need a lawyer in your state?

Check out our 'finding a lawyer' page

Operating a Motor Vehicle: This definition is broad in Virginia and can include simply being in "actual physical control" of a vehicle, even if it's not moving (e.g., asleep in the driver's seat with keys in the ignition or vehicle running).

Special BAC Limits:

Commercial Drivers: A BAC of $0.04%$ or more while operating a commercial vehicle.
Drivers Under 21 (Zero Tolerance Law): A BAC of $0.02%$ or more. This is considered illegal consumption of alcohol. If an underage driver's BAC is $0.08%$ or higher, they face adult DUI charges in addition to underage penalties.

Implied Consent Law and Administrative License Suspension (ALS)

Virginia has a strict implied consent law (Virginia Code § 18.2-268.2). By operating a motor vehicle on public highways in the Commonwealth, you are deemed to have consented to provide samples of your blood, breath, or both, for a chemical test to determine the alcohol or drug content, if you are lawfully arrested for DUI.

Refusal to Test: Refusing to submit to a chemical test after a lawful DUI arrest carries immediate administrative license suspension by the Virginia Department of Motor Vehicles (DMV), separate from any criminal DUI conviction. The fact of your refusal can also be used as evidence against you in court.

First refusal: 1-year license suspension. This is a civil offense.
Second refusal (within 10 years of a prior refusal or DUI conviction): 3-year license suspension. This is a Class 1 Misdemeanor, meaning it carries potential jail time (up to 1 year) and fines (up to $2,500).
Third or subsequent refusal (within 10 years): 3-year license suspension. This is also a Class 1 Misdemeanor with similar criminal penalties.

These administrative suspensions run consecutively to any court-ordered license suspensions upon conviction. An arrest for DUI also triggers an immediate administrative license suspension:

First DUI arrest: 7-day administrative suspension.
Second DUI arrest: 60-day administrative suspension or suspended until trial (whichever is sooner).
Third or subsequent DUI arrest: Suspension until trial..

Virginia DUI Statistics

Impaired driving remains a significant factor in traffic incidents and fatalities in Virginia.

In 2023, Virginia reported 6,979 alcohol-related crashes, resulting in 4,400 injuries and 293 fatalities. This marked a slight increase (1.0%) in alcohol-related crashes from the previous year and a 6.9% increase in fatalities.
There were 14,246 DUI convictions in Virginia in 2023.
87.7% of alcohol-related fatalities in 2023 occurred on non-interstate roads, and 66.9% were single-vehicle crashes.
Changes in testing protocols in 2023, mandating blood tests for all drivers suspected of DUI, led to a significant increase (almost 15-fold) in positive cannabis test results compared to 2022, highlighting the growing issue of drugged driving alongside alcohol impairment.

Penalties for DUI in Virginia

Virginia uses a 10-year "look-back" period for determining if a DUI offense is a repeat offense for enhanced penalties. This means any prior DUI conviction within the past 10 years will count towards classifying a subsequent offense. A DUI conviction in Virginia results in a permanent criminal record that cannot be expunged.

Virginia Alcohol Safety Action Program (VASAP): All DUI offenders are required to enroll in and successfully complete VASAP. This program involves screening, education, and potentially treatment, and is mandatory for license reinstatement or restricted driving privileges.

Ignition Interlock Device (IID): IIDs are almost always required for any DUI conviction in Virginia, especially to obtain a restricted driver's license. The device must be installed at the offender's expense and typically includes a camera to verify the driver's identity.

First Offense DUI (Class 1 Misdemeanor)

Jail Time: Up to 1 year.
- Mandatory minimum 5 days jail if BAC is $0.15%$ to $0.20%$ .
- Mandatory minimum 10 days jail if BAC is over $0.20%$ .
- (No mandatory minimum jail time if BAC is below $0.15%$ , but a judge can still impose it).
Fines: Mandatory minimum $250, up to $2,500.
License Suspension: 1 year.
- Eligibility for a restricted license after a waiting period (often immediately, but requires IID).
IID: Mandatory installation (at offender's expense) for at least 6 months, or for the duration of the restricted license and potentially longer after full reinstatement.
VASAP: Mandatory completion.
Financial Responsibility: Must file an SR-22 (proof of high-risk insurance) for three years.

Second Offense DUI (within 10 years - Class 1 Misdemeanor)

Jail Time:
- Within 5 years of first offense: Mandatory minimum 20 days, up to 1 year.
  - Additional 10 days jail if BAC $\geq 0.15%$ .
  - Additional 20 days jail if BAC $> 0.20%$ .
- Within 5 to 10 years of first offense: Mandatory minimum 10 days, up to 1 year.
  - Additional 10 days jail if BAC $\geq 0.15%$ .
  - Additional 20 days jail if BAC $> 0.20%$ .
Fines: Mandatory minimum $500, up to $2,500.
License Revocation: 3 years.
- Eligibility for a restricted license after 1 year (if second in 5 years) or 4 months (if second in 5-10 years), with mandatory IID.
IID: Mandatory for 6 months to 3 years.
VASAP: Mandatory completion, likely more intensive.
Financial Responsibility: SR-22 filing for three years.
Vehicle Forfeiture: Possible in certain cases.

Third Offense DUI (within 10 years - Class 6 Felony)

Prison Time: Mandatory minimum 90 days, up to 5 years in state prison.
- Within 5 years of second offense: Mandatory minimum 6 months prison.
Fines: Mandatory minimum $1,000, up to $2,500.
License Revocation: Indefinite (permanent, though petition for restoration is possible after 5 years).
- May petition for a restricted license after 3 years from conviction date, with mandatory IID.
IID: Mandatory for at least 6 months to 3 years if any driving privileges are restored.
VASAP: Mandatory completion.
Vehicle Forfeiture: Mandatory.
Felony Criminal Record: Permanent, leading to loss of civil rights (e.g., voting, firearm ownership).

Fourth and Subsequent Offense DUI (within 10 years - Felony)

Prison Time: Mandatory minimum 1 year, up to 5 years.
Fines: Mandatory minimum $1,000, up to $2,500.
License Revocation: Indefinite/Permanent.
IID: Mandatory if any driving privileges are restored.
VASAP: Mandatory.
Vehicle Forfeiture: Mandatory.
Felony Criminal Record: Permanent.

Other Significant Penalties:

DUI with Child Passenger (Under 18):
- Additional mandatory fine of $500 to $1,000.
- Additional mandatory minimum jail sentence of 5 days (consecutive to other jail time).
- For a second offense, 80 hours of community service benefitting children is added.
Aggravated DUI (e.g., High BAC, Accident, etc.): Triggers enhanced penalties as noted above (e.g., higher mandatory minimum jail time for elevated BACs).
Maiming by DUI (Causing Permanent Injury/Disability - Felony): Up to 10 years in prison, substantial fines, and license revocation.
Involuntary Manslaughter (Causing Death - Felony): Up to 20 years in prison, substantial fines, and license revocation. Aggravated involuntary manslaughter has even harsher penalties.
Driving While Suspended/Revoked for DUI: Separate criminal offense with its own penalties, including mandatory jail time and further license suspension.
SR-22 Filing: Required for a period (typically three years) to prove financial responsibility, resulting in significantly higher auto insurance premiums.
Collateral Consequences: Beyond legal penalties, a DUI conviction can severely impact employment (especially for commercial drivers or those requiring security clearances), professional licenses, and international travel (e.g., entry into Canada).

Conclusion

Virginia's DUI laws are comprehensive and severe, designed to deter impaired driving through immediate administrative actions, escalating criminal penalties with mandatory minimum jail sentences, and a permanent criminal record. The strong emphasis on VASAP, mandatory IID installation, and the strict implied consent law with harsh penalties for refusal highlight the Commonwealth's serious approach to public safety. Given the complexity and gravity of a DUI charge in Virginia, immediate consultation with an experienced Virginia DUI defense attorney is essential to understand your rights, explore all possible defenses, and mitigate the serious, long-lasting consequences.

From another state?

Check out our 'Laws by state' page

Search This Blog

DUI Legal Information & Support