DUI Penalties in Virginia

Penalties For Driving Under the Influence of Alcohol and Drugs

When operating a motor vehicle, boat or watercraft in Virginia, you are legally considered driving or operating under the influence (DUI) if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because you are under the influence of any drug, you may face the same penalties as driving under the influence of alcohol.

If you are involved in a motor vehicle crash and a law enforcement officer has probable cause, you can be arrested for DUI within three hours of the crash without a warrant and at any location.

If you are arrested for DUI a third or subsequent time within a five-year period, you will not be granted bail while you wait to go to trial.

All DUI laws apply to mopeds operated on public highways.

DUI Penalties in Virginia

Conviction for DUI first offense:

Mandatory, minimum $250 fine
Driver’s license revocation for one year

Conviction for DUI second offense:

•Mandatory, minimum $500 fine
•Driver’s license revocation for three years
•Possible jail term up to one year

Conviction for DUI second offense within ten years of prior offense carries the following additional penalty

•Mandatory, minimum ten-day jail term

Conviction for DUI second offense within five years of prior offense carries the following additional penalty

•Mandatory, minimum 20-day jail term

Three DUI convictions within a ten-year period

•Mandatory, indefinite driver’s license revocation
•If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period.

Conviction for DUI third offense or DWI felony

•Mandatory, minimum $1,000 fine
•Mandatory indefinite driver’s license revocation
•Prosecution as a Class 6 felony

Conviction for DUI third offense within five years carries the following additional penalty

•Mandatory, minimum six-month jail term

Conviction for DUI third offense within ten years carries the following additional penalty

•Mandatory, minimum 90-day jail term
•Permanent forfeiture of your vehicle (if you are the sole owner)

Conviction for DUI fourth or subsequent offense

Mandatory, minimum one-year jail term

BAC of 0.15% and not higher than 0.20% at the time of arrest

•First offense carries a mandatory, minimum five-day jail term in addition to all other penalties

•Second offense within ten years carries a mandatory, minimum ten-day jail term in addition to all other penalties

BAC of 0.20% or higher at the time of arrest

•First offense carries a mandatory, minimum ten-day jail term in addition to all other penalties
•Second offense within ten years carries a mandatory, minimum 20-day jail term in addition to all other penalties