What happens if I get a DUI in Virginia?

Virginia takes DUI seriously, with mandatory minimum jail for elevated BAC and a one-year license suspension for every first conviction.

1. Per Se BAC Standard

Va. Code § 18.2-266 sets adult per se DUI at 0.08% BAC, includes drug DUI (§ 18.2-266(ii)-(v)), and "any combination" provision. Commercial limit is 0.04% under § 46.2-341.24; under-21 limit is 0.02% under § 18.2-266.1.

2. Implied Consent

Va. Code § 18.2-268.2 requires submission to breath or blood testing. First refusal under § 18.2-268.3 is a separate civil offense with 12-month license suspension for a first refusal (Class 1 misdemeanor for a second refusal within 10 years).

3. First-Offense Penalties

Class 1 misdemeanor under § 18.2-270: up to 12 months jail, $250-$2,500 fine, mandatory 5-day jail if BAC 0.15-0.20% / 10-day mandatory if 0.20%+, 1-year license suspension, mandatory Virginia Alcohol Safety Action Program (VASAP), and ignition interlock required for restricted license under § 18.2-270.1.

4. Enhancements

Third DUI in 10 years under § 18.2-270(C) is a Class 6 felony with 90-day mandatory jail; third DUI in 5 years is a 6-month mandatory. DUI maiming (§ 18.2-51.4) is a Class 6 felony; aggravated involuntary manslaughter (§ 18.2-36.1) is a 1-20 year felony. DUI with minor under 18 passenger adds 5-day mandatory jail under § 18.2-270(D).

5. Administrative License Suspension (ALS)

7-day pretrial ALS for first offense (60 days for second, until trial for third) under § 46.2-391.2 upon BAC 0.08%+ or refusal. No DMV hearing — challenges are made in the criminal court.

6. Court Process

General District Court arraignment, pretrial conferences, motions to suppress (Va. Code § 19.2-60), bench trial in District Court with right to de novo appeal to Circuit Court (jury available).

7. Long-Term Consequences

FR-44 high-limit financial responsibility for 3 years, federal CDL disqualification for 1 year (49 C.F.R. § 383.51), DUI convictions cannot be expunged under § 19.2-392.2, and 6 demerit points on driving record for 11 years.

This is legal information, not legal advice.