Virginia · DUI · Checked October 2026

DUI Laws in Virginia

What Happens if You Get a DUI in Virginia?

Virginia calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail: Up to 12 months; mandatory 5 extra days if BAC was 0.15 to 0.20, or 10 extra days if BAC was over 0.20
First offense fine: $250 minimum, up to $2,500
First offense license: 1 year from the date of conviction, in addition to the 7-day administrative suspension
Felony: A third DUI within 10 years is a Class 6 felony; so is any DUI after a prior felony DUI, DUI involuntary manslaughter or DUI maiming conviction

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Virginia DUI Laws: Key Facts

Legal limit (adults): 0.08 BACVa. Code §§ 18.2-266, 18.2-266.1, 18.2-270(A), 46.2-341.24(B)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0.02 BAC (0.02 or more but less than 0.08 after illegally consuming alcohol (Va. Code § 18.2-266.1))
Enhanced penalties from: 0.15 BAC
Lookback period: 10 years
Insurance filing: FR-44, 3 years from the end of the revocation

Virginia DUI Penalties by Offense

DUI penalties in Virginia for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	Class 1 misdemeanor	Class 1 misdemeanor	Class 6 felony
Jail	up to 12 months; mandatory 5 extra days if BAC was 0.15 to 0.20, or 10 extra days if BAC was over 0.20	Within 5 years of a prior: 1 month to 1 year, with 20 days mandatory. Within 5 to 10 years: at least 1 month, with 10 days mandatory, up to 12 months. Additional mandatory 10 days if BAC was 0.15 to 0.20, or 20 days if over 0.20	90 days mandatory minimum (6 months if all three offenses were within 5 years), up to 5 years
Fine	$250 minimum, up to $2,500	$500 minimum, up to $2,500	$1,000 minimum, up to $2,500
License suspension	1 year from the date of conviction, in addition to the 7-day administrative suspension	3-year revocation when the second offense is within 10 years of the first	revoked indefinitely; you may petition the circuit court for a restricted license or restoration
Ignition interlock	Required as a condition of a restricted license: at least 12 consecutive months without alcohol-related violations (the court may allow 6 months if it orders added restrictions)	Required on each vehicle you own for at least 12 consecutive months without alcohol-related violations, as a condition of a restricted license and of license restoration	Required on all vehicles you own as a condition of any restricted license or restoration (at least 6 months after restoration when restored after 5 years)

First offense: Va. Code §§ 18.2-270(A), 18.2-11(a), 18.2-271(A), 18.2-270.1(B)-(C), 18.2-271.1 · Second offense: Va. Code §§ 18.2-270(B), (F); 18.2-271(B); 46.2-391(A); 18.2-270.1(B); 18.2-271.1(C) · Third offense: Va. Code §§ 18.2-270(C), 18.2-10(f), 18.2-271(C), 46.2-391(B)-(C)

When Penalties Are Higher

BAC 0.15 to 0.20: First offense: 5 additional mandatory days in jail. Second offense within 10 years: 10 additional mandatory daysVa. Code § 18.2-270(A), (B)(3)
BAC over 0.20: First offense: 10 additional mandatory days in jail. Second offense within 10 years: 20 additional mandatory daysVa. Code § 18.2-270(A), (B)(3)
Transporting a person 17 years of age or younger: Additional fine of $500 to $1,000 and a mandatory minimum 5 days in jailVa. Code § 18.2-270(D)
Prior conviction of involuntary manslaughter or maiming while DUI, or a prior felony DUI: Any later DUI is a Class 6 felony with a mandatory minimum 1 year and $1,000 fineVa. Code § 18.2-270(C)(2)

More on Virginia DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

A first unreasonable refusal of a breath or blood test is a civil offense with a 1-year license suspension. A breath-test refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a 3-year revocation; a repeat blood-test refusal is civil with a 3-year revocation. These periods are added to the administrative suspension, and refusal can be used as evidence at trialVa. Code § 18.2-268.3

Official source: if you refuse a breath or blood test in Virginia

Getting a Restricted License (Restricted Permit)

The court may issue a restricted license for good cause to a person who enters VASAP, for listed purposes such as work, school, medical care, VASAP, court and probation, child care transport and religious worship once a week. For a first adult offense the only restriction is an ignition interlock for at least 12 consecutive months. Not valid for commercial vehicles. It cannot start before the first 7 days of the administrative suspension pass.

Official source: getting a restricted license (restricted permit) in Virginia

Ignition Interlock

First offense: Yes, as a condition of a restricted license: at least 12 consecutive months without alcohol-related violations (for drug-only DUI the court may order it) Repeat offenses: Yes: on each vehicle you own or co-own for at least 12 consecutive months without alcohol-related violations, as a condition of a restricted license and of license restoration The device blocks starting above 0.02 BAC and requires rolling retests. You enroll with and are supervised by VASAP, pay a $20 court fee and file an electronic log printout at least quarterly. The period runs from the date the court issues the restricted license.

Official source: ignition interlock in Virginia

Can a DUI Come Off Your Record?

DUI convictions cannot be sealed. A DUI charge that ends in acquittal or dismissal can be expunged by petition Va. Code § 19.2-392.12(L) lists §§ 18.2-266, 18.2-266.1, 18.2-268.3 and 46.2-341.24 as offenses ineligible for sealing. Expungement under § 19.2-392.2 covers charges that ended in acquittal, nolle prosequi or dismissal.

Official source: can a dui come off your record? in Virginia

Drivers Under 21

Drivers under 21 who drive after illegally consuming alcohol with a BAC of 0.02 or more but less than 0.08 Class 1 misdemeanor: license forfeiture for 1 year from conviction (plus the administrative suspension) and a mandatory minimum $500 fine or 50 hours of community service. A restricted license is possible with VASAP and an ignition interlock for up to 1 year

Official source: drivers under 21 in Virginia

Driving After Using Drugs

Yes. Va. Code § 18.2-266 covers drugs or other intoxicants that impair safe driving, alcohol combined with drugs, and set blood levels of cocaine, methamphetamine, PCP and MDMA

Official source: driving after using drugs in Virginia

More on DUI Law in Virginia

For the state's own guidance, see Virginia DMV: Drinking and Driving.

This page summarizes Virginia law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Virginia can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Virginia?

Jail: up to 12 months; mandatory 5 extra days if BAC was 0.15 to 0.20, or 10 extra days if BAC was over 0.20. Fine: $250 minimum, up to $2,500. License suspension: 1 year from the date of conviction, in addition to the 7-day administrative suspension.

When Is a DUI a Felony in Virginia?

A third DUI within 10 years is a Class 6 felony; so is any DUI after a prior felony DUI, DUI involuntary manslaughter or DUI maiming conviction

Do You Need an FR-44 After a DUI in Virginia?

Yes. How long: 3 years from the end of the revocation. An FR-44 is a form your insurer files with the state to prove you carry the required coverage.