Virginia DUI Laws

Virginia has a 0.08 per-se alcohol limit: driving or operating with BAC 0.08 percent or more by blood, or 0.08 grams or more per 210 liters of breath, violates Sec. 18.2-266. But 0.08 is not the whole DUI law. Virginia can also prosecute driving under the influence of alcohol, drug impairment, combined alcohol/drug impairment, or specific named drug blood levels even without a 0.08 alcohol result. So a driver below 0.08 can still face DUI if the Commonwealth proves impairment.

Virginia uses two high-BAC add-ons. On a first offense, BAC at least 0.15 but not more than 0.20 adds five mandatory days in jail; BAC over 0.20 adds 10 mandatory days. On a second offense within 10 years, those add-ons become 10 mandatory days and 20 mandatory days, plus an additional mandatory minimum $500 fine. These are sentencing enhancements, not separate adult BAC limits.

A first adult Sec. 18.2-266 DUI is generally a Class 1 misdemeanor with a mandatory minimum $250 fine, up to 12 months in jail, and one-year loss of driving privileges from the conviction. There is no flat mandatory jail sentence for the modal first offense, but high BAC and child-passenger facts add mandatory jail. VASAP, restricted-license, and ignition-interlock conditions may also matter depending on the driving-relief path.

The main second-offense window is 10 years, but Virginia uses a harsher subwindow when the second offense is within less than five years. A second within less than five years carries one month to one year in jail, with 20 days mandatory minimum, and a $500 mandatory minimum fine. A second within five to 10 years carries at least one month in jail, with 10 days mandatory minimum, and a $500 mandatory minimum fine. A second within 10 years also brings a three-year revocation, subject to restricted-license waiting periods.

Yes. A third Sec. 18.2-266 DUI committed within 10 years is a Class 6 felony. The mandatory minimum is 90 days unless all three offenses occurred within five years, in which case the mandatory minimum is six months. A later DUI after a prior DUI manslaughter, DUI maiming, or felony DUI is also Class 6 with a one-year mandatory minimum, and a fourth or subsequent within 10 years has a one-year mandatory minimum. The felony maximum is the Class 6 ceiling: up to five years under Sec. 18.2-10.

Virginia has separate license tracks. Immediately after arrest or charge, Sec. 46.2-391.2 can impose an administrative suspension: generally seven days for a first charge, 60 days for a second, and until trial for a third or subsequent charge. After conviction, Sec. 18.2-271 imposes one year for a first DUI, three years and revocation for a second within 10 years, and indefinite revocation for a third/felony DUI. The indefinite revocation has no fixed end date and no automatic reinstatement; driving privileges return only through discretionary court relief under Sec. 46.2-391(C). For that relief, the person may petition for full restoration of driving privileges no sooner than five years from the last conviction under Sec. 46.2-391(C)(1), or for a restricted employment license no sooner than three years under Sec. 46.2-391(C)(2). Both petitions are discretionary, not automatic, and the court must be satisfied that the statutory safety conditions are met before restoring any privilege. Restricted-license and restoration rules are separate and eligibility-dependent.

VASAP is Virginia Alcohol Safety Action Program. First and second offenders are generally ordered to enter and complete it unless the court finds good cause not to require it after assessment. A restricted license is not automatic; it depends on court/DMV authorization and statutory eligibility. For a second within 10 years, no restricted license may issue during the first four months; for a second within five years, no restricted license may issue during the first year. For a third/felony revocation, the ordinary Sec. 18.2-271.1 restricted-license path is not available during the revocation period.

Often, if you seek restricted driving or restoration. Virginia ties IID mainly to restricted-license and restoration conditions. For alcohol DUI under clauses (i), (ii), or (iv) of Sec. 18.2-266, a restricted license generally requires a functioning certified IID for at least 12 consecutive months without alcohol-related violations. First adult offenders may receive an IID-only restricted license; if the court adds other restrictions, it may require a six-month clean period. Repeat/restoration paths can require IID on each vehicle owned by or registered to the offender.

First unreasonable refusal is a civil offense and carries a one-year suspension. Breath refusal becomes a Class 1 misdemeanor if, within the prior 10 years, the person had a qualifying DUI/refusal/result-crime prior; that repeat breath refusal carries three-year loss of driving privileges. A first blood refusal is also civil, but a repeat blood refusal carries the same three-year loss. A first-refusal restricted license may be available after 30 days, with IID and VASAP conditions if granted. Refusal evidence is limited: it may explain why no chemical test exists, but it is not evidence of guilt.

Sec. 18.2-266.1 covers a person under 21 who drives after illegally consuming alcohol with BAC 0.02 or more but less than 0.08. It is a Class 1 misdemeanor, but it has its own punishment: one-year license forfeiture and a mandatory minimum $500 fine or 50 hours of community service. The ordinary Sec. 18.2-270 and Sec. 18.2-271 DUI penalty grid does not apply to this standalone under-21 offense.

Yes. Virginia DUI covers impairment from any narcotic drug or other self-administered intoxicant or drug, and combined alcohol/drug impairment, when it impairs safe operation. The statute also sets per-se blood levels for cocaine, methamphetamine, PCP, and MDMA. Virginia's core DUI statute does not set a specific THC or marijuana blood-level limit, so marijuana and many prescription-drug cases are prosecuted based on proof of actual impairment rather than a per-se number.

A child passenger age 17 or younger adds $500-$1,000 and five mandatory days to an ordinary DUI sentence. Serious injury and death are different: they can be separate felony result crimes. DUI maiming is a Class 6 felony for serious bodily injury, or Class 4 if the injury causes permanent and significant physical impairment. DUI causing death is charged under Sec. 18.2-36.1: subsection A defines base involuntary manslaughter, and subsection B defines aggravated involuntary manslaughter, where the conduct is so gross, wanton, and culpable as to show reckless disregard for human life, punishable by one to 20 years with a one-year mandatory minimum.