Virginia · DUI · Checked October 2026
Virginia DUI Penalties: First, Second and Third Offense
Virginia DUI Penalties: What Are the Rules?
Virginia sets DUI penalties by offense, and they rise with each conviction.
- 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
- Lookback period
- 10 years
Virginia DUI Penalties by 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) |
Other First Offense Penalties in Virginia
- Virginia Alcohol Safety Action Program (VASAP), fee $250 to $300
- FR-44 insurance certification
- A restricted license may be issued by the court
Other Second Offense Penalties in Virginia
- VASAP
- FR-44 insurance certification
- Administrative suspension of 60 days (or until trial) when charged as a second offense
Other Third Offense Penalties in Virginia
- Applies to three offenses within a 10-year period
- A vehicle solely owned and operated by you during a felony DUI is subject to seizure and forfeiture
- A fourth or later offense within 10 years carries a mandatory minimum of 1 year
When Penalties Are Higher in Virginia
- BAC 0.15 to 0.20: First offense: 5 additional mandatory days in jail. Second offense within 10 years: 10 additional mandatory days
- BAC over 0.20: First offense: 10 additional mandatory days in jail. Second offense within 10 years: 20 additional mandatory days
- Transporting a person 17 years of age or younger: Additional fine of $500 to $1,000 and a mandatory minimum 5 days in jail
- 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 fine
When a DUI Is 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 convictionVa. Code § 18.2-270(C)
How Far Back Prior Offenses Count in Virginia
10 years. Second-offense penalties apply to a prior within 10 years (tougher within 5 years); a third offense within 10 years is a felony (tougher within 5 years). Out-of-state and similar offenses count as priorsVa. Code §§ 18.2-270(B), (C), (E); 18.2-271(B), (C)
Official source: how far back prior offenses count (Virginia)
More on DUI Law in Virginia
See the full overview of DUI laws in Virginia and read about first-offense DUI penalties across the states.
This page summarizes Virginia law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DUI in Virginia?
Jail: 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. Fine: $500 minimum, up to $2,500. License suspension: 3-year revocation when the second offense is within 10 years of the first.
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