Virginia DUI Laws: Penalties, BAC Enhancements, and License Loss

A Virginia DUI conviction is a criminal record for life, and the penalties escalate hard with each repeat within ten years. A first offense is a Class 1 misdemeanor with a $250 minimum fine and a one-year license revocation; a third within ten years is a felony with mandatory prison time. Virginia DUI penalties also include mandatory alcohol treatment through ASAP, an ignition interlock device, and an FR-44 insurance filing that keeps costs elevated for years. The legal blood alcohol concentration limit is 0.08% for most adult drivers, 0.04% for commercial drivers, and 0.02% for anyone under 21, but the state can convict at any BAC if other evidence shows impairment.¹²³

First Offense Penalties

A first-offense DUI is a Class 1 misdemeanor. The mandatory minimum fine is $250, and the Class 1 maximum allows fines up to $2,500 and up to 12 months in jail. Jail time isn’t automatic on a standard first offense, but a judge can impose it.⁴

Your license is revoked for one year.⁵ A restricted license is available, but only after enrolling in the Virginia Alcohol Safety Action Program and installing an ignition interlock. Virginia does not expunge DUI convictions, so a first offense stays on your criminal record indefinitely.

Second Offense Penalties

A second DUI within ten years is still a Class 1 misdemeanor, but jail becomes mandatory and the minimum fine doubles to $500. How much jail time you serve depends on the gap between offenses.⁴

Within five years of the first: at least one month in jail, with 20 days that cannot be suspended.
Between five and ten years after the first: at least one month in jail, with 10 days that cannot be suspended.

License revocation runs three years.⁵ Restricted license options are narrower than after a first offense, and ignition interlock is required for the full restriction period.

Third and Fourth Offense Penalties

A third DUI within ten years is a Class 6 felony. The mandatory minimum fine is $1,000 and the mandatory minimum jail term is 90 days. If all three offenses fell inside a five-year window, the mandatory minimum jail time doubles to six months.⁴ Your license is revoked indefinitely, and you are not eligible for the standard restricted license program.⁵

A fourth DUI within ten years brings a mandatory minimum of one year of imprisonment and a $1,000 fine.⁶ Any DUI that follows a prior felony DUI, DUI manslaughter, or DUI causing serious injury is automatically a Class 6 felony with a one-year mandatory minimum, regardless of how long ago the earlier conviction occurred.

Enhancements for High BAC and Child Passengers

Certain facts about the offense trigger mandatory jail time on top of everything else. Judges have no discretion to waive these.

If your BAC was between 0.15% and 0.20%, add five days of mandatory jail on a first offense. Above 0.20%, add ten days. These enhancements stack on top of the mandatory minimums for repeat offenses, so a second conviction within five years with a BAC over 0.20% carries at least 30 days of mandatory jail: 20 for the repeat plus 10 for the elevated BAC.⁴

Driving under the influence with a passenger who is 17 or younger adds another five days of mandatory jail and a separate fine of $500 to $1,000. This enhancement applies at every offense level and stacks with the high-BAC enhancement.⁶

When Someone Is Injured or Killed

If impaired driving causes serious bodily injury and shows reckless disregard for human life, the charge is a Class 6 felony, punishable by one to five years in prison. If the injury results in permanent and significant physical impairment, it becomes a Class 4 felony carrying two to ten years.⁷ Either conviction triggers indefinite license revocation.⁸

A DUI-related death is charged as involuntary manslaughter under Code 18.2-36.1. When the driving was reckless enough to show disregard for human life, it becomes aggravated involuntary manslaughter, carrying one to twenty years in prison with a one-year mandatory minimum.⁹ Your license is revoked indefinitely, and any later DUI is automatically a Class 6 felony.

License Revocation and Restricted Driving

Revocation is built into every DUI conviction:

First offense: one year.⁵
Second offense: three years.
Third offense or any felony DUI: indefinite.

For first and second offenses you can petition the court for a restricted license covering specific purposes: commuting to work, ASAP sessions, medical appointments, transporting children to school or daycare, religious services, and other court-approved reasons. The judge sets the routes, times, and purposes. Enrollment in ASAP within 15 days and installation of an ignition interlock are required, and violating any restriction can cost you the restricted license and trigger new charges.¹⁰

After an indefinite revocation, you can petition the circuit court for a restricted license three years after your last conviction. Full restoration requires waiting five years and showing you’re no longer dependent on alcohol or drugs and don’t pose a safety threat.⁸

Ignition Interlock and ASAP

An ignition interlock is required for essentially every alcohol-related DUI conviction, including a first offense, as a condition of any restricted license. For drug-only DUIs, the court has discretion on a first offense; interlock becomes mandatory for second and subsequent convictions.¹¹

The device must stay installed for at least 12 consecutive months without any alcohol-related violations. A court can reduce the minimum to six months if you accept additional driving restrictions for the remainder of the suspension. Any failed breath test or tampering resets the clock. Installation runs roughly $70 to $150, with monthly monitoring fees of $30 to $150, so total cost over a year commonly exceeds $1,000.

ASAP is a separate requirement for probation and restricted license eligibility. It begins with an intake screening that determines whether you need education classes or outpatient treatment. The entry fee alone can reach $300, with additional charges for assessments and programming.¹² Missing appointments or failing to complete the program violates probation and can send you back to court for more jail time.

Insurance and Total Cost

Virginia is one of only two states that requires an FR-44 certificate of financial responsibility after a DUI conviction. The FR-44 demands higher liability coverage than a standard policy and must be maintained for three years. On average, insurers raise rates by roughly 88% after a DUI, which adds hundreds of dollars a month for years.

Add up the pieces of a first offense — towing and impound, court costs, the $250 minimum fine, ASAP fees, interlock installation and monthly monitoring, the restricted license application, and lost wages from court and jail — and out-of-pocket costs typically land between $5,000 and $10,000. Repeat offenses run considerably higher.

Refusing a Breath or Blood Test

Under Virginia’s implied consent law, driving on any Virginia road means you’ve agreed to a breath or blood test if an officer lawfully arrests you for DUI. A first refusal is a civil penalty carrying a one-year license suspension, and there is no restricted license available during the first 12 months. A second or subsequent refusal within ten years is a Class 1 misdemeanor with a three-year suspension. Refusal suspensions run separately from any criminal DUI license revocation, so both can be imposed together.

Collateral Consequences of a Felony DUI

A third DUI within ten years, or a DUI causing serious injury or death, is a felony, and Virginia felonies carry consequences well beyond sentencing. A felony conviction automatically removes your right to vote, serve on a jury, run for public office, and possess a firearm. Restoration is a separate petition to the governor with no guarantee of approval.¹³

Professional licenses are also at risk. Nurses, teachers, CDL holders, and anyone whose credential requires a background check may face disciplinary action, suspension, or revocation. Commercial drivers face a one-year CDL disqualification for a first DUI in any vehicle and a lifetime disqualification for a second. International travel gets harder too: Canada treats DUI as a serious criminal offense and routinely denies entry, requiring either a temporary resident permit or a formal rehabilitation application filed at least five years after the end of your sentence.¹⁴

1
Virginia Code Commission. Virginia Code 18.2-266 – Driving Motor Vehicle, Engine, Etc., While Intoxicated
2
Virginia Code Commission. Virginia Code 18.2-266.1 – Persons Under Age 21 Driving After Illegally Consuming Alcohol; Penalty
3
Virginia Code Commission. Virginia Code 46.2-341.29 – Penalty for Driving Commercial Motor Vehicle With Blood Alcohol Content Equal to or Greater Than 0.04
4
Virginia Code Commission. Virginia Code 18.2-270 – Penalty for Driving While Intoxicated; Subsequent Offense; Prior Conviction
5
Virginia Code Commission. Virginia Code 18.2-271 – Forfeiture of Drivers License for Driving While Intoxicated
6
Virginia Code Commission. Virginia Code 18.2-270 – Penalty for Driving While Intoxicated; Subsequent Offense; Prior Conviction
7
Virginia Code Commission. Virginia Code 18.2-51.4 – Maiming, Etc., of Another Resulting From Driving While Intoxicated
8
Virginia Code Commission. Virginia Code 46.2-391 – Revocation of License for Multiple Convictions of Driving While Intoxicated
9
Virginia Code Commission. Virginia Code 18.2-36.1 – Certain Conduct Punishable as Involuntary Manslaughter
10
Virginia Code Commission. Virginia Code 18.2-271.1 – Probation, Education, and Rehabilitation
11
Virginia Code Commission. Virginia Code 18.2-270.1 – Ignition Interlock Systems; Penalty
12
Chesapeake Bay ASAP. VASAP Services and Fees
13
Virginia.gov. Restoration of Rights
14
Government of Canada. Convicted of Driving While Impaired