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What is DUI/DWI in Virginia?

DUI in Virginia: At a Glance

  • Type of offense:
    • First Offense: Class 1 misdemeanor
    • Third Offense (or more): Class 6 felony
  • Fine:
    • Misdemeanor: $250 to $2,500
    • Felony: $1,000 to $2,500
  • Jail time:
    • Misdemeanor: Up to 12 months
    • Felony: Up to 5 years
  • License suspension/revocation:
    • First offense: 1 year
    • Second offense: 3 years
    • Third offense (or more): Indefinite
  • Court appearance: Required — you cannot prepay or handle this online

A DUI in Virginia is a serious criminal offense It occurs when you operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or with detectable amounts of certain controlled substances in your system. It is important to know that a higher BAC at the time of your stop can result in more severe mandatory penalties, including mandatory jail time even for a first offense.

While a first or second DUI offense is typically treated as a misdemeanor, the consequences are still serious and long lasting. A third or subsequent DUI within 10 years is treated as a felony and carries significantly harsher penalties including the possibility of prison time and indefinite license revocation.

Regardless of whether you are facing a misdemeanor or felony DUI charge, a conviction results in a permanent criminal record that can affect employment opportunities, professional licenses, security clearances, and background checks. A DUI also requires a mandatory court appearance. You cannot prepay the fine or handle it online.

What does Virginia Law say about DUI/DWI?

DUI in Virginia is governed by VA Code § 18.2-266. Under Virginia law, it is illegal to operate a motor vehicle with a BAC of 0.08% or higher. Virginia law also prohibits driving with detectable amounts of certain controlled substances in your system, including:

  • 0.02 milligrams of cocaine
  • 0.1 milligrams of methamphetamine
  • 0.01 milligrams of PCP (phencyclidine)
  • 0.1 milligrams of MDMA (3,4 methylenedioxymethamphetamine)

Virginia law also establishes specific circumstances under which a DUI charge is elevated from a misdemeanor to a felony:

  • A third or subsequent DUI within 10 years
  • A DUI that results in serious bodily injury or death
  • A DUI involving a minor under the age of 17 in the vehicle combined with other aggravating factors

It is important to understand that Virginia takes DUI offenses seriously at every level. Even a first offense can carry mandatory penalties, and the consequences become significantly more severe with each subsequent conviction.

What are the penalties for DUI/DWI in Virginia?

What are the penalties for a first DUI?

First-time DUI penalties include:

  • Fines of $250-$2,500
  • Up to 12 months in jail
    • BAC of .15%-.20% – 5-day mandatory jail time
    • BAC of .20% or above– 10-day mandatory jail time
  • One-year license suspension
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

What are the penalties for a second DUI?

Penalties for a second DUI in Virginia are more severe and vary based on how long it has been since your first conviction.

Second DUI within less than 5 years:

  • Fines of $500-$2,500
    • BAC of .15% or above– $1,000 minimum fine
  • Up to 12 months in jail, with a mandatory of 20 days
    • BAC of .15%-.20% – 30-day mandatory jail time
    • BAC of .20% or above– 40-day mandatory jail time
  • Three-year license suspension
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

Second DUI within 5-10 years:

  • Fines of $500-$2,500
    • BAC of .15% or above– $1,000 minimum fine
  • Up to 12 months in jail, with a mandatory of 10 days
    • BAC of .15%-.20% – 20-day mandatory jail time
    • BAC of .20% or above– 30-day mandatory jail time
  • Three-year license revocation
  • Completion of VASAP (Virginia Alcohol Safety Action Program)

What are the penalties for a third DUI?

A third DUI in Virginia is treated as a felony and also carries more severe penalties based on how long it has been since your last DUI conviction.

Third DUI within less than 5 years:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail o Mandatory of 6 months
  • Indefinite license revocation

Third DUI within 5-10 years:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail o Mandatory of 90 days
  • Indefinite license revocation

What are the penalties for a fourth (or subsequent) DUI?

Penalties for a fourth or subsequent DUI include:

  • Fines of $1,000-$2,500
  • Up to 1-5 years in prison OR 1 year in jail o Mandatory of 1 year
  • Indefinite license revocation

Can a DUI/DWI charge be reduced or dismissed in Virginia?

In some cases, yes. A DUI charge in Virginia is not  automatically a conviction, and you have the right to  contest it in court.

Every DUI case in Virginia is highly fact specific. The  right defense depends entirely on factors such as the  circumstances of your stop, how your BAC was  measured, and whether proper procedures were  followed during your stop and testing

Common defenses include:

  • Challenges to the traffic stop — Law  enforcement must have a valid legal reason to  pull you over. If the stop was not legally justified, evidence gathered during the stop  may not be admissible in court
  • Challenges to BAC testing — Breathalyzer  and blood test equipment must be properly  maintained and calibrated. If testing procedures were not followed correctly, the  results may be called into question
  • Challenges to field sobriety tests — Field  sobriety tests are not always accurate and can  be affected by medical conditions, road conditions, or improper administration by the officer

Even when a full dismissal is not possible, there may  be options to reduce the charge or minimize the  consequences. At Driving Defense Law, our attorneys  handle DUI cases across Hampton Roads every day.

We will review the facts of your case and help you understand what options may be available to you.

Recent Outcomes

Disclaimer

Each case is unique and case results depend on your individual situation. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.

March 12, 2026

DWI, Breath/Blood Test Refusal and Reckless Driving- ALL DISMISSED in Hampton GDC

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The testimonials on this website reflect the real-life experiences and opinions of our clients. However, the experiences are personal to those particular clients and may not necessarily be representative of all clients. We do not claim, and you should not assume that all clients will have the same experience. Your outcome may vary.

What should I do if I was charged with DUI/DWI in Virginia?

If you have been charged with a DUI in Virginia, here  are a few important steps to take:

  • Do not miss your court date — A DUI  requires a mandatory court appearance in Virginia. Missing your court date can result in  a warrant for your arrest and additional charges  including Failure to Appear
  • Write down everything you remember  about the stop — How you were pulled over,  what field sobriety tests were administered,  how your BAC was measured, and what the officer said can all be relevant to your defense
  • Contact an attorney as soon as possible — You do not have to face this alone. An experienced DUI attorney can review your case, explain your options, and help you decide the best path forward

At Driving Defense Law, our traffic attorneys represent drivers throughout Hampton Roads, including Virginia Beach, Norfolk, Chesapeake, Suffolk, Newport News, Hampton and Portsmouth. We handle DUI cases in Virginia courts every day and understand the local court system and what it takes to help our clients pursue the best possible outcome. For a free consultation, please call us at 775-929-0335 or fill out the form below.

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