Virginia DUI Laws Explained

By Javier Marín, Editor·Last reviewed September 2026·How we check this

A Virginia DUI is one of the more severe first-offense outcomes in the country. Virginia Code §18.2-266 imposes a mandatory 12-month license suspension on every conviction — no eligibility for early reinstatement other than through a court-issued restricted license — plus a year of ignition interlock, an ASAP referral, and an FR-44 insurance filing for three years.

The legal threshold

Virginia's per-se DUI thresholds:

Adults 21+: 0.08% BAC.
Drivers under 21: 0.02% BAC — Virginia's "Underage DUI" under §18.2-266.1.
Commercial drivers: 0.04% BAC.
Boat operators: 0.08% BAC for adults under §29.1-738.

Virginia also charges DUI on impairment evidence below 0.08% under §18.2-266(ii), the "while under the influence" subsection. Drugs (legal or illegal), inhalants, and any combination producing impairment all qualify.

The 12-month mandatory suspension

A first DUI conviction in Virginia produces an automatic 12-month license suspension — one of the strictest in the nation. The suspension begins on the date of conviction and runs concurrently with any administrative pre-conviction suspension. There is no eligibility for early reinstatement except through a court-issued restricted license that allows specific commute, child-care, ASAP, school, medical, and religious driving on identified routes and hours.

First-offense penalties

A first DUI conviction in Virginia (Class 1 misdemeanor) typically produces:

Mandatory minimum fine of $250, with a maximum of $2,500.
Up to 12 months in jail (suspended on most first offenses with no aggravators).
The 12-month license suspension described above.
Mandatory enrollment in the Virginia Alcohol Safety Action Program (ASAP), typically 20 weeks.
Ignition interlock for at least 12 months on every vehicle the driver owns or operates.
Three years of FR-44 certificate filing through the driver's insurance carrier at higher liability limits than ordinary policy.

Elevated BAC penalties

Virginia escalates mandatory minimums for higher BAC readings:

0.15-0.20% BAC: mandatory minimum jail of 5 days, in addition to all other first-offense penalties.
0.20% BAC or higher: mandatory minimum jail of 10 days.

The mandatory minimum is a sentence the judge cannot suspend; it is served before any probation or suspended portion takes effect.

Refusal of the chemical test

Virginia is an implied-consent state under §18.2-268.2: by driving on Virginia roads, the driver consents to a breath or blood test if lawfully arrested for DUI. A first refusal is a civil offense under §18.2-268.3 producing a 1-year license suspension with no restricted license available. A second refusal within 10 years is a Class 1 misdemeanor.

Aggravating factors

Penalties escalate when any of the following apply:

BAC at or above 0.15% (mandatory minimum jail, see above).
An accident causing serious injury or death (separate felony charges may apply under §18.2-51.4 or §18.2-36.1).
A passenger under 17 in the vehicle: mandatory minimum 5 days additional jail and a $500-$1,000 additional fine under §18.2-270(D).
A prior DUI within 10 years.
A commercial vehicle or CDL holder driving under the influence.

Repeat offenses

A second DUI within 10 years brings a mandatory 20-day jail sentence (with longer mandatory minimums for higher BAC), a 3-year license revocation, and 3 years of ignition interlock. A second within 5 years brings a 1-month mandatory minimum. A third DUI within 10 years is a Class 6 felony with a 6-month mandatory minimum and indefinite license revocation. A fourth or subsequent DUI is a Class 6 felony with a 1-year mandatory minimum.

Underage DUI (under 21)

Virginia drivers under 21 with a BAC of 0.02% to 0.07% face an Underage DUI charge under §18.2-266.1 — a Class 1 misdemeanor producing a 1-year license suspension, $500-$1,000 fine or 50 hours of community service, and ASAP referral. A BAC of 0.08% or higher is charged as adult DUI under §18.2-266 with all the above penalties.

For reinstatement steps after the 12-month period, see Virginia suspended license; for the FR-44 insurance filing required after a conviction, see car insurance.