Virginia DUI Laws: Penalties, BAC Limit & License (2026)

In Virginia the offense is driving under the influence, charged as driving while intoxicated (DWI) under Virginia Code 18.2-266, which makes it unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more, or while under the influence of alcohol or drugs. A first DUI is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine of at least $250 under Code 18.2-270, and a one-year license revocation.

This guide is part of our DUI Laws by State series.

What counts as a DUI in Virginia

Virginia's core DUI statute, Code 18.2-266, lists several ways to commit the offense. Clause (i) is the per se rule: it is unlawful to drive with a BAC of 0.08 percent or more. Clause (ii) covers driving while under the influence of alcohol, and other clauses cover drugs, the combined influence of alcohol and drugs, and specified drug concentrations. Because the impairment theory does not require a number, a driver below 0.08 can still be convicted if the evidence shows impairment. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under Code 18.2-266.1, which makes it a Class 1 misdemeanor for a minor to drive with a BAC of 0.02 percent or more and forfeits the license for one year. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Virginia (jail, fines, suspension)

A first DUI under Code 18.2-266 is a Class 1 misdemeanor. Code 18.2-270 sets a mandatory minimum fine of $250 and exposure to up to 12 months in jail, the maximum for a Class 1 misdemeanor. The statute adds mandatory minimum jail time based on the BAC: a reading of 0.15 to 0.20 requires at least five days in jail, and a reading above 0.20 requires at least 10 days. A conviction also deprives the driver of the privilege to drive for one year under Code 18.2-271. Courts routinely require participation in the Virginia Alcohol Safety Action Program (VASAP). Because Virginia treats DUI as a serious offense, a first offender must also file an FR-44 certificate of financial responsibility, which carries higher liability limits than the standard SR-22.

Watch out: The DMV imposes a separate seven-day administrative suspension at arrest under Code 46.2-391.2, before any conviction. You can later resolve the criminal charge and still have served that administrative suspension, so the license consequences begin immediately.

Ignition interlock requirements in Virginia

Virginia is strict on ignition interlock. Under Code 18.2-270.1, for a conviction under clause (i), (ii), or (iv) of Code 18.2-266, which includes the 0.08 per se limit and ordinary alcohol DUI, the court shall, as a condition of a restricted license, prohibit the offender from operating a vehicle that is not equipped with a certified ignition interlock device for at least 12 consecutive months without alcohol-related violations. In other words, the interlock is mandatory on a first alcohol-related DUI if the driver wants a restricted license. For drug-only DUIs under clause (iii) or (v), the court may order the interlock on a first offense. The device requires a breath sample before the engine starts and at random intervals while driving.

License suspension and the administrative process in Virginia

Virginia runs two suspension tracks. The administrative suspension is an immediate DMV action under Code 46.2-391.2: when a driver fails or refuses a chemical test, the license is suspended for seven days on a first offense, separate from the criminal case. After conviction, Code 18.2-271 revokes the license for one year for a first offense. A first offender may petition the court 30 days after conviction for a restricted license to drive to work, school, treatment, and similar essential needs, and the court may grant it for good cause, but only with the ignition interlock condition described above. To reinstate, the driver must complete VASAP, file the FR-44, and pay DMV reinstatement fees.

Repeat offenses and the Virginia look-back period

Virginia counts prior DUIs within a 10-year look-back window, with a tighter five-year window driving the harshest mandatory minimums. Under Code 18.2-270, a second offense within five years carries a mandatory minimum of 20 days in jail and a $500 fine, while a second within five to 10 years carries a mandatory minimum of 10 days. The felony threshold is the third offense: a third DUI within 10 years is a Class 6 felony with a mandatory minimum of 90 days in jail, raised to six months if all three offenses fall within five years, plus a $1,000 fine. A fourth offense within 10 years carries a mandatory minimum of one year. DUI maiming under Code 18.2-51.4 and DUI manslaughter under Code 18.2-36.1 are felonies regardless of offense number.

Watch out: Refusing the breath or blood test does not protect your license. A first unreasonable refusal is a separate civil offense that carries a one-year license suspension on top of any DUI penalty, and a second refusal within 10 years is a Class 1 misdemeanor with a three-year revocation.

Refusing a breath or blood test in Virginia

Virginia's implied consent law provides that by driving on the highways, you have consented to a breath or blood test if arrested for DUI within three hours of driving. Under Code 18.2-268.3, a first unreasonable refusal is a civil offense, and the court shall suspend the driver's privilege to drive for one year, in addition to any suspension under the DUI conviction. A second refusal within 10 years, or a refusal after a prior DUI conviction within 10 years, is a Class 1 misdemeanor and carries a three-year license revocation. Importantly, the refusal suspension is not eligible for a restricted license in the same way a conviction is, so refusing can leave a driver with no lawful way to drive for a year.

Can you expunge or seal a DUI in Virginia

Virginia does not allow a DUI conviction to be expunged. Expungement under Code 19.2-392.2 is generally available only when a charge ends in acquittal, a nolle prosequi, or another dismissal, not a conviction. A guilty plea or a finding of guilt closes the door to expungement of the DUI itself. Virginia has adopted an automatic and petition-based record-sealing framework for certain offenses, but DUI convictions are excluded from that relief. As a result, a Virginia DUI conviction remains on the criminal record and the DMV driving record indefinitely and continues to count as a prior within the 10-year look-back window. A person whose DUI charge was dismissed or who was acquitted should pursue expungement of that charge promptly.

What to do after a DUI arrest in Virginia

A Virginia DUI creates two matters: a criminal case in the general district court and the administrative and license consequences handled by the DMV. The administrative suspension at arrest takes effect immediately, so understanding the timeline matters from day one. The criminal case proceeds on its own schedule through arraignment, the VASAP screening, and trial. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Virginia DUI attorney to understand the charge, the mandatory minimums tied to the BAC, the interlock condition, and the FR-44 requirement. Keep the arrest paperwork, the notice of administrative suspension, and any test results in a safe place.