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). Third offense within 10 years (Class 6 felony. 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 offense count — a first offense with BAC of 0.15% to 0.20% carries a mandatory minimum of 5 days in jail, and above 0.20% carries 10 days. A 10-year lookback drives the second- and third-offense tiers, and a prior felony DUI (or DUI maiming/manslaughter) makes any later DUI a felony with a one-year mandatory minimum no matter how much time has passed. Unlike most states, Virginia suspends licenses only through the court upon conviction — there is no pre-conviction administrative suspension — and requires all DUI offenders to complete the Virginia Alcohol Safety Action Program (VASAP).
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 (court-ordered upon conviction — Virginia has no pre-conviction administrative suspension) | Required for any restricted license — an IID-only restriction for at least 12 consecutive months without alcohol-related violations (§ 18.2-270.1); the court may set a 6-month floor if it imposes additional restrictions |
| 2nd Offense | Class 1 Misdemeanor | 1 month to 1 year; mandatory minimum 20 days if within 5 years of the prior offense, 10 days if within 5–10 years (§ 18.2-270(B)); BAC adds 10 more days (.15–.20) or 20 more days (>.20), and a child passenger adds 5 more days. Mandatory minimums are consecutive and cumulative (§ 18.2-270(F)) | $500 minimum; up to $2,500 | 3 years (court-ordered revocation); a restricted license is available only after 4 months served (5–10-year span) or 1 year served (within 5 years) (§ 18.2-271) | Required on every vehicle the offender owns or registers — at least 12 consecutive months without alcohol-related interlock violations (§ 18.2-270.1(B); § 18.2-271.1(C)) |
| 3rd Offense | Class 6 Felony | Class 6 felony: mandatory minimum 90 days if within 10 years of the prior offenses, six months if within 5 years; up to 5 years in prison. A 4th offense within 10 years — or any DUI after a prior felony DUI, DUI maiming, or DUI manslaughter — carries a mandatory minimum of one year (§ 18.2-270(C)) | $1,000 minimum; up to $2,500 | Indefinite revocation (§ 46.2-391(B)) — restricted license possible after 3 years, full restoration after 5 years by petitioning the circuit court | Required for any restricted license and for full restoration — at least 6 months of interlock on restoration (§ 46.2-391(C)); 12 consecutive months as the restricted-license condition (§ 18.2-270.1) |
| Felony | Class 6 Felony (3rd within 10 years); penalties escalate for 4th+ offense | Mandatory minimum six months (3rd within 5 years) or 90 days (3rd within 10 years); 4th+ offense and any DUI after a prior felony DUI / maiming / manslaughter: one-year mandatory minimum; up to 5 years. A vehicle solely owned and operated by the accused during a felony DUI is subject to seizure and forfeiture (§ 18.2-270(C)) | $1,000 minimum; up to $2,500 | Indefinite revocation; restricted license after 3 years and full restoration after 5 years from the last conviction by circuit-court petition (§ 46.2-391(B), (C)) — not a fixed term | Required for any restricted license or reinstatement |
Felony threshold: Third offense within 10 years (Class 6 felony, $1,000 minimum fine); 4th or subsequent offense within 10 years (one-year mandatory minimum); and any DUI following a prior conviction for felony DUI, DUI maiming (§ 18.2-51.4), or DUI manslaughter (§ 18.2-36.1) is a Class 6 felony with a one-year mandatory minimum regardless of how much time has passed (§ 18.2-270(C)(2)). 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: civil offense — one-year suspension (§ 18.2-268.3). You may petition the court for a restricted license conditioned on an interlock for at least 6 consecutive months plus ASAP enrollment (§ 18.2-268.3(F)). Second refusal within 10 years of a prior refusal, DUI conviction, or a § 18.2-270(E) offense: Class 1 misdemeanor with a mandatory 3-year revocation. There is no felony refusal tier in Virginia — refusal stays a Class 1 misdemeanor no matter the priors. The refusal is separate from (and in addition to) any DUI charge.
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) | DUI maiming (§ 18.2-51.4): serious bodily injury inflicted so grossly, wantonly, and culpably as to show reckless disregard for human life — Class 6 felony (1–5 years); if the injury results in permanent and significant physical impairment, a Class 4 felony (2–10 years and up to a $100,000 fine). License revoked (§ 46.2-391(B)) |
| DUI causing death (Involuntary Manslaughter / Aggravated Involuntary Manslaughter) | Involuntary manslaughter (§ 18.2-36.1): Class 5 felony, 1–10 years. Aggravated involuntary manslaughter — conduct so gross, wanton, and culpable as to show reckless disregard for human life — carries 1 to 20 years with a one-year mandatory minimum |
| 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 (Class 4 if permanent significant impairment); Aggravated Involuntary Manslaughter — 1 to 20 Years
DUI Maiming (§ 18.2-51.4): Class 6 felony, 1–5 years — elevated to a Class 4 felony (2–10 years, fine up to $100,000) when the serious bodily injury results in permanent and significant physical impairment. DUI causing death: Involuntary Manslaughter (§ 18.2-36.1) — Class 5 felony, 1–10 years; Aggravated Involuntary Manslaughter, where the conduct was so gross, wanton, and culpable as to show reckless disregard for human life, carries 1–20 years with a one-year mandatory minimum. All of these trigger indefinite revocation (§ 46.2-391(B)) with restricted-license eligibility after 3 years and full restoration after 5.
Underage DUI
Drivers under 21 with BAC of 0.02% to 0.08% violate § 18.2-266.1 — a Class 1 misdemeanor (not a civil traffic infraction): one-year license forfeiture, a mandatory minimum $500 fine or 50 hours of community service, and eligibility for ASAP; a restricted license is possible with an interlock for up to one year (§ 18.2-270.1). If BAC is 0.08% or higher, the driver faces standard adult DUI charges with all corresponding criminal penalties.
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. Virginia uses a 10-year lookback for the second- and third-offense tiers — and a conviction for felony DUI, DUI maiming, or DUI manslaughter makes any later DUI a felony no matter how much time has passed (§ 18.2-270(C)(2)).
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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