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Virginia DUI Laws

In the state of Virginia you will be charged with Driving Under the Influence (DUI) if your Blood Alcohol Content (BAC) is 0.08%, the minimum BAC known to impair everyone.

First Virginia DUI Offense

  • Minimum 5 days imprisonment if minor under 18 is present in vehicle
  • 5 days imprisonment if BAC is 0.15% to 0.20%
  • 10 days imprisonment if BAC is above 0.20%
  • Minimum $250 fine
  • Add $500 to $1000 if minor under 18 is present in vehicle
  • 1 year license suspension
  • Ignition interlock if BAC is 0.15% and above
  • Alcohol safety program

Second Virginia DUI Offense
  • Minimum 20 days to 1 year imprisonment if offense if within 5 years of previous offense
  • If offense if within 5 to 10 years of previous offense:
    • Minimum 10 days to 1 month imprisonment
    • Add 10 days imprisonment if BAC is 0.15% to 0.20%
    • Add 20 days imprisonment if BAC is above 0.20%
    • Add minimum 5 days imprisonment if minor under 18 is present in vehicle
  • Minimum $500 fine
  • Add $500 to $1000 if minor under 18 is present in vehicle
  • $50 trauma center fine
  • 3-year license suspension
  • Ignition interlock required for license reinstatement
  • Alcohol safety program

Third Virginia DUI Offense
  • Minimum 6 months imprisonment if offense if within 5 years of previous offense
  • Minimum 90 days imprisonment if offense if within 10 years of previous offense
  • Add minimum 5 days imprisonment if minor under 18 is present in vehicle
  • Minimum $1000 fine
  • $50 trauma center fine
  • Indefinite license suspension, offender may petition court after 5 years
  • Ignition interlock required for license reinstatement

Virginia implied consent law means that if you are pulled over for suspected DUI and you refuse to submit to a test, your license can be suspended and you will subject to the same penalties as if you had received a DUI conviction.