DUI Laws in Virginia (DUI/DWI (uses both))
Virginia uses the term "DUI/DWI (uses both)" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years for misdemeanor enhancement (2nd offense); lifetime lookback for felony DUI (3rd+ offense within 10 years establishes felon status permanently). 3rd offense within 10 years. Below are the full details of Virginia's DUI laws and penalties.
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Overview
Virginia uses both DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably in its code, though the primary statute references 'DWI.' Virginia imposes mandatory minimum jail sentences that increase sharply with BAC level and number of offenses — a first offense with BAC of 0.15% or higher carries a mandatory minimum of 5 days in jail. The state uses a 10-year lookback period for most offenses but a lifetime lookback for felony DUI (third offense within 10 years or any subsequent). Virginia also has an aggressive administrative license suspension process (ASAP) and requires all DUI offenders to complete the Virginia Alcohol Safety Action Program.
Official term: DUI/DWI (uses both)
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% (with additional enhancement at 0.20%) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Class 1 Misdemeanor | 0 to 12 months; mandatory minimum 5 days if BAC 0.15%–0.20%; mandatory minimum 10 days if BAC > 0.20% | $250 minimum; up to $2,500 | 1 year (administrative) | Required for restricted license; mandatory for all first offenders seeking restricted driving privileges |
| 2nd Offense | Class 1 Misdemeanor | Mandatory minimum 1 month if within 5 years of first offense; mandatory minimum 10 days if within 5-10 years; additional mandatory minimums for high BAC | $500 minimum; up to $2,500 | 3 years (administrative) | Required for restricted license — must be installed for at least 6 months |
| 3rd Offense | Class 6 Felony | Mandatory minimum 90 days if third offense within 5 years; mandatory minimum 30 days if within 10 years; up to 5 years in prison | $1,000 minimum; up to $2,500 | Indefinite revocation | Required upon any future license reinstatement |
| Felony | Class 6 Felony (3rd within 10 years); penalties escalate for 4th+ offense | Mandatory minimum 90 days (3rd within 5 years) or 30 days (3rd within 10 years); up to 5 years; 4th+ offense: mandatory minimum 1 year | $1,000 minimum; up to $2,500 | Indefinite revocation; reinstatement after minimum 3 years (for 3rd offense) or 5 years (4th+) with proof of rehabilitation | Required for any restricted license or reinstatement |
Felony threshold: 3rd offense within 10 years, OR 4th or subsequent offense (lifetime lookback for 4th+). Lookback period: 10 years for misdemeanor enhancement (2nd offense); lifetime lookback for felony DUI (3rd+ offense within 10 years establishes felon status permanently).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered as condition of probation; commonly 50-100 hours | Up to 3 years supervised probation through VASAP (Virginia Alcohol Safety Action Program) | VASAP enrollment mandatory — includes alcohol/drug education, assessment, and possible treatment referral |
| 2nd Offense | As ordered by the court; commonly 100+ hours | Up to 3 years supervised probation through VASAP | VASAP enrollment mandatory; intensive treatment program likely required based on assessment |
| 3rd Offense | As ordered by the court | Up to 5 years supervised probation; strict conditions | VASAP enrollment mandatory; court-ordered intensive substance abuse treatment required |
| Felony | As ordered by the court | Up to 5 years supervised probation with intensive monitoring | VASAP enrollment mandatory; residential treatment may be ordered |
Implied Consent Law
Virginia's implied consent law (Va. Code § 18.2-268.2) requires anyone arrested for DUI to submit to a breath or blood test to determine BAC or drug content. The test must be administered within 3 hours of the alleged offense. Virginia distinguishes between preliminary breath tests (PBTs) at the scene (which can be refused without penalty) and the formal evidentiary test at the station.
Refusal penalties: First refusal: 1-year civil license suspension (no restricted license available). Second or subsequent refusal (or refusal with prior DUI conviction): 3-year license suspension and Class 1 misdemeanor charge carrying up to 12 months in jail. Refusal penalties are civil/administrative for first occurrence and criminal for subsequent occurrences.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% to 0.20% | Mandatory minimum 5 days jail for first offense; enhanced minimums for repeat offenses |
| BAC above 0.20% | Mandatory minimum 10 days jail for first offense; further enhanced penalties for repeats |
| Passenger under 18 in the vehicle | Additional mandatory minimum 5 days jail and $500–$1,000 additional fine; separate child endangerment charge |
| DUI causing serious injury (DUI Maiming) | Class 6 felony — 1 to 5 years in prison (mandatory minimum 1 year if permanent/significant injury) |
| DUI causing death (Involuntary Manslaughter / Aggravated Involuntary Manslaughter) | Involuntary manslaughter: Class 5 felony (1–10 years); Aggravated: mandatory minimum 1–20 years |
| Driving on a DUI-suspended license | Separate Class 1 misdemeanor; mandatory minimum 10 days jail if driving on DUI-related suspension |
DUI with Injury
Classification: DUI Maiming — Class 6 Felony; Aggravated Involuntary Manslaughter — Class 4 Felony
DUI Maiming (Va. Code § 18.2-51.4): 1 to 5 years in prison, mandatory minimum 1 year if victim suffers permanent and significant physical impairment. DUI causing death — Involuntary Manslaughter (Va. Code § 18.2-36.1): Class 5 felony, 1 to 10 years. Aggravated Involuntary Manslaughter (Va. Code § 18.2-36.1): mandatory minimum 1 to 20 years if conduct was so gross, wanton, and culpable as to show reckless disregard for life.
Underage DUI
Drivers under 21 with BAC of 0.02% to 0.08% face a civil penalty: first offense — license suspension for 1 year, $500 fine or 50 hours community service, VASAP enrollment mandatory. If BAC is 0.08% or higher, the minor faces standard adult DUI charges with all corresponding criminal penalties. A minor DUI conviction triggers a mandatory VASAP referral and cannot be expunged until all conditions are met.
Diversion Programs
Virginia does not currently offer a formal DUI diversion program. Virginia does not have a formal pretrial diversion program for DUI offenses. The Virginia Alcohol Safety Action Program (VASAP) is mandatory for all DUI offenders as a condition of a restricted license and probation — it is a sentencing requirement, not an alternative to prosecution. Some jurisdictions may offer first-offender programs or deferred dispositions for very limited circumstances, but this is rare and not standardized for DUI cases.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Virginia criminal record permanently. It stays on your Virginia driving record for 11 years. For sentencing enhancement purposes, Virginia uses a 10-year lookback period for determining whether a new DUI is a second offense (misdemeanor) and a lifetime lookback for determining felony status (third or subsequent offense within 10 years creates a permanent felony record).
Key Statutes
- Va. Code § 18.2-266
- Driving while intoxicated — primary DUI/DWI statute defining the offense
- Va. Code § 18.2-270
- Penalty for DUI offenses — sentencing provisions for first through subsequent offenses
- Va. Code § 18.2-268.2
- Implied consent — requirements for breath/blood testing upon arrest
- Va. Code § 18.2-268.3
- Refusal of breath/blood test — penalties for refusing chemical testing
- Va. Code § 18.2-51.4
- DUI Maiming — driving while intoxicated causing serious injury
- Va. Code § 18.2-36.1
- Involuntary manslaughter — DUI causing death
- Va. Code § 18.2-270.1
- Ignition interlock requirements for DUI offenders
Frequently Asked Questions
What is the penalty for a first DUI in Virginia?
When does a DUI become a felony in Virginia?
How long does a DUI stay on your record in Virginia?
What is VASAP in Virginia?
Can you get a restricted license after a DUI in Virginia?
What happens if you refuse a breathalyzer in Virginia?
How much does a DUI cost in Virginia?
Can a DUI be expunged in Virginia?
Related Guide
DUI license recovery in Virginia→Step-by-step guide to getting your license back after a DUI in Virginia — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Virginia DMV — DUI/DWI Information
Virginia Department of Motor Vehicles — DUI-related license actions, reinstatement, and IID information.
- Virginia ASAP / VASAP Program
Virginia Alcohol Safety Action Program — mandatory program for all DUI offenders; find your local VASAP commission.
- Virginia DUI Statutes — Official Code
Full text of Virginia Code Title 18.2, Chapter 7 covering DUI offenses and penalties.
- Virginia Legal Aid Society
Free legal information and assistance for eligible Virginians navigating criminal and traffic matters.
- Virginia Ignition Interlock Program
Information on Virginia's ignition interlock requirements, approved vendors, and compliance procedures.
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