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. There is no waiting period before a restricted license becomes available. Under Code 18.2-271.1, subsection C provides that upon conviction the court may proceed at once to issue a restricted-license order, and subsection E lets the court, for good cause shown, issue a restricted permit for travel to and from work, an alcohol safety action program, school, medical appointments, and similar essential needs. The ignition interlock condition described above applies, and Code 18.2-270.1 allows the court to order the interlock installed immediately upon conviction. 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. A repeat refusal within 10 years costs three years of driving privileges whichever test was refused, and if it was a breath test it is also a Class 1 misdemeanor.

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. The statute then splits by test type. Subsection A covers breath tests, and a repeat breath refusal within 10 years of a prior refusal or DUI conviction is a Class 1 misdemeanor carrying a three-year license revocation. Subsection B covers blood tests and is expressly a civil offense at every level, so a repeat blood refusal within 10 years still costs three years of driving privileges but produces no criminal conviction. Subsection C reflects that split by requiring the officer to advise of the criminal penalty only for a repeat refusal of breath samples. Importantly, a first-offense refusal suspension is not automatically without a driving option: under Code 18.2-268.3(F), a defendant found guilty of a first refusal under subdivision A 1 or B 1 may petition the court for a restricted license during the remaining suspension period, on the same interlock-conditioned basis available after a DUI conviction.

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. If your BAC reading carries mandatory jail time, have a Virginia DUI lawyer review the evidence behind it and the interlock and FR-44 rules in a free consultation (attorney advertising). Keep the arrest paperwork, the notice of administrative suspension, and any test results in a safe place.

More Virginia Laws

• Virginia Expungement Laws
• Virginia Warrant Search

Frequently Asked Questions

What is the BAC limit in Virginia?

The per se limit is 0.08 percent BAC under Code 18.2-266. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.02 percent zero-tolerance rule under Code 18.2-266.1.

How long do you lose your license for a first DUI in Virginia?

A first DUI conviction revokes the license for one year under Code 18.2-271. The DMV also imposes a seven-day administrative suspension at arrest. There is no waiting period: under Code 18.2-271.1 the court may issue a restricted license at the time of conviction, for good cause shown, conditioned on an ignition interlock device.

Is a first DUI a felony in Virginia?

No. A first DUI is a Class 1 misdemeanor. A DUI becomes a Class 6 felony on the third offense within 10 years, or sooner if it causes serious injury (Code 18.2-51.4) or death (Code 18.2-36.1).

Do you need an interlock for a first DUI in Virginia?

Yes. For a first alcohol-related DUI under Code 18.2-270.1, the court shall require an ignition interlock device as a condition of any restricted license, for at least 12 consecutive months without violations.

What happens if you refuse a breathalyzer in Virginia?

Under implied consent, a first unreasonable refusal is a civil offense that carries a one-year license suspension on top of any DUI penalty. A second breath-test refusal within 10 years is a Class 1 misdemeanor with a three-year revocation. A repeat blood-test refusal carries the same three-year revocation but stays a civil offense under subsection B.

How long does a DUI stay on your record in Virginia?

A DUI conviction stays on your criminal and DMV records indefinitely because it cannot be expunged or sealed. For enhancement, a prior DUI counts within Virginia's 10-year look-back period.

Can you get a DUI expunged in Virginia?

No. A DUI conviction cannot be expunged in Virginia. Expungement under Code 19.2-392.2 is generally available only when the charge was dismissed or you were acquitted, not after a conviction.

What is the look-back period for DUI in Virginia?

Virginia uses a 10-year look-back period for DUI enhancement, with a tighter five-year window triggering the harshest mandatory minimums. A third DUI within 10 years becomes a Class 6 felony.