Virginia · DUI

Virginia DUI laws and penalties

Virginia's legal BAC limit is 0.08%. For a first offense, Virginia's statute provides jail of up to 12 months, a fine of $250 to $2,500, and a license suspension of 1 year. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.15%; Where the penalties step up
Zero tolerance (under 21): 0.02%; Limit for drivers under 21
Lookback period: 10 years; Prior DUI offenses that count

License hearing: ask within 7 days

Virginia has no separate agency hearing. The administrative suspension lasts 7 days (60 if charged as a second offense), and during it you can ask the general district court to review it. Count the days with the license-hearing window calculator.

Ignition interlock required in some cases

Higher BAC level. A first offense at 0.15 to 0.20 adds a mandatory 5 days in jail; above 0.20, 10 days.

Ignition interlock. A condition of a restricted license: for an adult first offender, at least 12 consecutive months (or 6 months on motion with other restrictions).

A first or second offense is a Class 1 misdemeanor (up to 12 months and $2,500). Mandatory minimum jail rises for a high test result (first offense: +5 days at 0.15 to 0.20, +10 days above 0.20) and a second offense carries 20 days (prior offense under 5 years earlier) or 10 days (5 to 10 years). A third offense within 10 years is a Class 6 felony.

01Penalties

Virginia DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Virginia statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	10 days
Jail (maximum)	12 months	12 months
Fine (minimum)	$250	$500
Fine (maximum)	$2,500	$2,500
License suspension	1 year	3 years

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Virginia compares

Of the 49 states with a confirmed BAC limit, 48 (Virginia among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Virginia requires one in some cases.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Virginia gives 7.

Virginia and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Kentucky	0.08%	No fixed deadline	In some cases	48 hours to 30 days	$200 to $500	6 months suspension
Maryland	0.08%	10 days	Required	Up to 1 year	Up to $1,200	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant
North Carolina	0.08%	10 days	In some cases	48 hours to 120 days	Up to $500	1 year
Tennessee	0.08%	No fixed deadline	Required	48 hours to 11 months and 29 days	$350 to $1,500	1 year
Virginia (this page)	0.08%	7 days	In some cases	Up to 12 months	$250 to $2,500	1 year
West Virginia	0.08%	No fixed deadline	In some cases	Up to 6 months	$100 to $500	6 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Virginia

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Virginia has no separate agency hearing. The administrative suspension lasts 7 days (60 if charged as a second offense), and during it you can ask the general district court to review it.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Virginia's statute provides jail of up to 12 months, a fine of $250 to $2,500, and a license suspension of 1 year. See the penalties table above.

04Sources

Where Virginia's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Va. Code § 18.2-266 (law.lis.virginia.gov)Main statute · BAC limit, age 21 and over
Va. Code § 18.2-270(A) (law.lis.virginia.gov)Higher BAC level · Lookback period · First offense: jail, minimum · First offense: fine, minimum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum
Va. Code § 18.2-266.1(A) (law.lis.virginia.gov)BAC limit under 21
Va. Code § 46.2-391.2(A), (C) (law.lis.virginia.gov)License hearing request
Va. Code § 18.2-270.1(B)-(C) (law.lis.virginia.gov)Ignition interlock, first offense
Va. Code § 18.2-11(a) (Class 1 misdemeanor) (law.lis.virginia.gov)First offense: jail, maximum · First offense: fine, maximum · Second offense: fine, maximum
Va. Code § 18.2-271(A) (law.lis.virginia.gov)First offense: license · Second offense: license

Show the exact words behind each figure

Main statute

Va. Code § 18.2-266

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath

BAC limit, age 21 and over

0.08%

Va. Code § 18.2-266(i)

Same passage as above.

Higher BAC level

0.15%

Va. Code § 18.2-270(A)

(i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

BAC limit under 21

0.02%

Va. Code § 18.2-266.1(A)

Any such person with a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath but less than 0.08

Lookback period

10 years

Va. Code § 18.2-270(B)(2); § 18.2-271(B)

Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

License hearing request

7 days

Va. Code § 46.2-391.2(A), (C)

The period of suspension of the person's license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. ... C. Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court ... to review that suspension.

Ignition interlock, first offense

Required in some cases

Va. Code § 18.2-270.1(B)-(C)

any court of proper jurisdiction shall, as a condition of a restricted license, prohibit an offender from operating a motor vehicle that is not equipped with a functioning, certified ignition interlock system

First offense: jail, minimum

None

Va. Code § 18.2-270(A)

A. Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person's blood alcohol level ... (i) was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, (ii) if the level was more than 0.20, for an additional mandatory minimum period of 10 days.

First offense: jail, maximum

12 months

Va. Code § 18.2-11(a) (Class 1 misdemeanor)

For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

First offense: fine, minimum

$250

Va. Code § 18.2-270(A)

any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250.

First offense: fine, maximum

$2,500

Va. Code § 18.2-11(a) (Class 1 misdemeanor)

For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

First offense: license

1 year

Va. Code § 18.2-271(A)

shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for a period of one year from the date of such judgment.

Second offense: jail, minimum

10 days

Va. Code § 18.2-270(B)(2)

Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

Second offense: jail, maximum

12 months

Va. Code § 18.2-270(B)(1); § 18.2-11(a)

Any person convicted of a second offense committed within less than five years after a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year.

Second offense: fine, minimum

$500

Va. Code § 18.2-270(B)(1)-(2)

Any person convicted of a second offense committed within a period of five to 10 years of a prior offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month. Ten days of such confinement shall be a mandatory minimum sentence.

Second offense: fine, maximum

$2,500

Va. Code § 18.2-11(a) (Class 1 misdemeanor)

For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

Second offense: license

3 years

Va. Code § 18.2-271(B)

such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine, or train in the Commonwealth for a period of three years from the date of the judgment of conviction

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Virginia DUI laws at a glance