DUI Laws in Virginia (2026): Don’t Get Caught Off Guard

Most people think a DUI is just a ticket. Nope. In Virginia, it’s a criminal offense that can mess up your life in ways you haven’t even thought about yet. The state doesn’t play around with drunk driving, and the penalties hit hard, even if it’s your first time.

Let’s break down exactly what you’re facing if you get pulled over in Virginia. Trust me, you need to know this stuff before you see those flashing lights in your rearview mirror.

What Counts as a DUI in Virginia?

Here’s the deal. Virginia calls it both DUI and DWI, but they mean the same thing. The terms are totally interchangeable under state law.

You can get charged if you’re driving under the influence of alcohol or drugs. That includes prescription medications and marijuana, not just beer and liquor. Pretty much anything that impairs your ability to drive safely can land you in hot water.

The legal limit is 0.08% blood alcohol concentration for anyone 21 or older. Under 21? Your limit is just 0.02%. Basically, if you’re not legal drinking age, you can’t have any alcohol in your system at all.

Here’s something most people don’t realize. You don’t even have to be actively driving to get charged. Sitting in your car with the keys in the ignition while drunk? That counts as being in “actual physical control” of the vehicle. Yep, Virginia takes DUI seriously.

The Implied Consent Law

Okay, this part is important. When you drive in Virginia, you automatically agree to chemical testing if police suspect you’re drunk. It’s called implied consent.

Refuse the breathalyzer at the station? You’re looking at automatic penalties. Right away. First refusal gets you a one-year license suspension, even before any court date.

Refuse a second time within 10 years? Now it’s a Class 1 misdemeanor on top of the suspension. The penalties stack up fast, and honestly, refusing often makes things worse, not better.

The roadside tests are different though. You can refuse field sobriety tests and the portable breathalyzer without extra penalties. But once you’re arrested and at the station, the game changes.

First Offense DUI

Wondering what happens if you get caught? Let’s talk first offense.

A first-time DUI in Virginia is a Class 1 misdemeanor. That’s the most serious type of misdemeanor in the state. The potential penalties include:

You’ll face a minimum fine of $250, but it can go up to $2,500. Most people end up paying somewhere in between, depending on the judge and the specifics of your case.

Jail time is possible, up to 12 months. Not sure what the judge will decide? Neither is anyone else until you’re standing in court. For a standard first offense with a BAC under 0.15%, jail isn’t mandatory, but judges can order it if they want.

Your license gets revoked for 12 months. Automatically. You might be able to get a restricted license after a while, but there are hoops to jump through.

You have to complete VASAP. That’s the Virginia Alcohol Safety Action Program. More on that in a minute, but basically, it’s mandatory classes and monitoring.

High BAC Makes Everything Worse

Hold on, this part is crucial. If your BAC is 0.15% or higher, the penalties get way more severe. Virginia has mandatory minimum jail sentences for elevated BAC levels.

BAC between 0.15% and 0.20%? That’s a mandatory five days in jail for a first offense. No way around it.

BAC of 0.20% or higher? You’re looking at a mandatory 10 days behind bars. The judge has no choice in this.

These mandatory minimums are in addition to all the other penalties like fines and license suspension. And honestly, they apply even if this is your very first time ever getting in trouble.

Second DUI Offense

A second DUI is way more serious. The timing between your first and second offense makes a huge difference in what you’re facing.

Second offense within five years of the first? You’ve got a mandatory minimum of 20 days in jail, up to one year. The fine jumps to a minimum of $500, maxing out at $2,500. Your license gets revoked for three years.

Second offense between five and 10 years after the first? The mandatory minimum jail time drops to 10 days, but everything else stays pretty much the same. Three-year license revocation, fines of $500 to $2,500.

If you had a high BAC on your second offense, add more jail time. BAC between 0.15% and 0.20% means an extra 10 days mandatory. BAC of 0.20% or higher? Add 20 more days.

These sentences stack. So if you’re facing a second offense within five years with a BAC over 0.20%, you’re looking at 40 days minimum in jail before any other time the judge might add.

Third Offense Becomes a Felony

Wait, it gets worse. A third DUI within 10 years is a Class 6 felony in Virginia.

You’re facing a mandatory minimum of 90 days in jail if it’s within 10 years of your prior offenses. If your third DUI happens within five years of the previous ones, that mandatory minimum jumps to six months.

The fine ranges from $1,000 to $2,500. Your license gets revoked indefinitely. That means you have to petition to get it back later, and there’s no guarantee you’ll succeed.

Oh, and you could lose your vehicle. If you’re the sole owner and your third DUI is within 10 years, the state can seize and forfeit your car.

Fourth or subsequent DUI? You’re looking at a mandatory one-year prison sentence. Not jail, prison. This is serious felony territory.

Child Passenger Increases Penalties

If you get caught driving drunk with a kid in the car, Virginia adds extra penalties. The child has to be 17 or younger.

You’ll serve an additional five days mandatory in jail. Plus an extra fine of $500 to $1,000. These penalties are on top of everything else you’re already facing.

The state takes child endangerment extremely seriously. Even if nothing bad happened, having a minor in the vehicle while you’re impaired is treated as aggravated conduct.

What Is VASAP?

Every person convicted of DUI in Virginia must complete VASAP. Period. Even first-time offenders.

VASAP stands for Virginia Alcohol Safety Action Program. It’s a state-mandated intervention program designed to reduce drunk driving. Think education classes, monitoring, and sometimes treatment referrals.

You can’t start VASAP until you receive the court order requiring it. Once you enroll, you’ll go through intake where a case manager evaluates you. They’ll determine how many hours of classes you need to complete.

Most people have to complete at least 20 hours of education classes. These cover topics like blood alcohol concentration, the effects of alcohol on your body, and the risks of impaired driving.

Your case manager might also require you to attend drug and alcohol counseling. It depends on your individual assessment and circumstances.

The program costs $300 for enrollment, plus a $100 intervention fee. Can’t afford it upfront? They’ll work out a payment plan with you. You still have to pay, but at least you don’t need all the cash immediately.

After you finish the required classes, you might stay in VASAP on probation. They’ll monitor you to make sure you’re complying with all requirements, especially if you have an ignition interlock device.

Fail to complete VASAP? You could face harsh consequences. Like revocation of a suspended jail sentence or delays in getting your license back. So take it seriously.

Ignition Interlock Devices

Here’s where things get really interesting. An ignition interlock device is basically a breathalyzer for your car’s ignition.

You blow into the device before starting your car. If your BAC is 0.02% or higher, the car won’t start. Simple as that.

But wait, there’s more. The device will also request random breath samples every 20 to 30 minutes while you’re driving. These are called rolling retests. You have about five minutes to provide a passing sample.

Refuse to blow or fail the test while driving? Your horn starts honking and your lights start flashing. The only way to stop it is to pull over, turn off the car, and wait it out.

As of July 2025, Virginia law changed. Now, if you want a restricted license after a DUI conviction, you must have an ignition interlock device installed for 12 months minimum. This applies to both first and second offenses.

Previously, first-time offenders had a six-month minimum. Now it’s a full year across the board.

Good news though. If you voluntarily install the device before your trial, that time counts toward the 12-month requirement. So if you put it in three months before trial and get convicted, you only have nine months left after conviction.

You’re responsible for all costs. Installation, monthly monitoring fees (usually $75 to $80), calibration appointments, and eventual removal. It all comes out of your pocket.

The device must be approved by the Commission on VASAP. You can’t just install any breathalyzer. It has to meet state specifications and be installed by a certified provider.

Tamper with the device? That’s a Class 1 misdemeanor. Up to 12 months in jail, a fine of up to $2,500, and revocation of your restricted license. Don’t mess with it.

Restricted Licenses

Okay, so your license gets revoked after a DUI conviction. But you might be able to get a restricted license.

A restricted license lets you drive to specific places for specific purposes. Usually work, school, medical appointments, VASAP classes, and childcare. Not for running errands or hanging out with friends.

To get a restricted license, you must have the ignition interlock device installed in your vehicle. Remember, it’s mandatory for 12 months minimum now.

You also have to be enrolled in VASAP and staying compliant with all their requirements. If you’re not cooperating with VASAP, you won’t get the restricted license.

The court decides whether to grant you a restricted license and what restrictions to impose. Some judges are more lenient than others. Having a good DUI lawyer can really help here.

If you violate your restricted license terms, you could lose it and face additional criminal charges. Drive somewhere you’re not allowed? That’s driving on a suspended license, which is a whole new misdemeanor.

Driving on a Suspended License

Speaking of which, let’s talk about driving while your license is suspended for DUI. Bad idea.

It’s a Class 1 misdemeanor. You could get up to 12 months in jail and a fine of up to $2,500.

You’ll also face an additional suspension period. So instead of getting your license back sooner, you’re pushing the date further out.

And any goodwill you might have built with the court or DMV? Gone. Judges take these violations extremely seriously.

Virginia courts don’t mess around with people who drive on suspended licenses. They see it as showing disrespect for the law and the original DUI conviction.

Administrative vs. Criminal Penalties

Here’s something confusing. When you get arrested for DUI in Virginia, you’re dealing with two separate processes.

There’s the criminal case in court. This is where you face charges, go to trial or plead guilty, and receive your sentence. The judge handles all of this.

Then there’s the administrative case with the DMV. This deals specifically with your driving privileges. The DMV handles this separately from the court.

You can lose your license administratively even before your criminal case is resolved. If you’re arrested with a BAC of 0.08% or higher, you get an automatic seven-day administrative suspension.

Refuse the breathalyzer? That’s a one-year administrative suspension right off the bat, before you ever see a judge for the criminal charges.

These administrative suspensions are separate from any court-ordered suspension. So you could face both. The DMV suspension hits first, then the court adds more time after conviction.

Recent Law Changes in 2025

Virginia updated some DUI-related laws in July 2025. Here’s what changed.

The ignition interlock requirement increased from six months to 12 months minimum for anyone seeking a restricted license. This affects both first and second offenses.

Pre-trial interlock installation now counts toward your total requirement. Before this change, installing early didn’t help you at all. Now it does.

These changes make the rules more predictable. Everyone knows upfront they’re looking at a full year of interlock if they want to drive with a restricted license.

The state also introduced some other traffic law changes in 2025, but those aren’t directly related to DUI. Things like exhibition driving becoming reckless driving and new school zone camera requirements.

Commercial Drivers

Got a commercial driver’s license? DUI hits you even harder.

A DUI conviction means you lose your CDL for at least one year. First offense. If you were carrying hazardous materials, it’s three years.

Second DUI? You lose your CDL for life. There’s no restricted commercial license option. You’re done driving trucks professionally.

The BAC limit for commercial drivers while operating commercial vehicles is just 0.04%. That’s half the regular limit.

Even if you get a DUI in your personal vehicle, it still affects your commercial license. A conviction is a conviction, regardless of what you were driving at the time.

Losing your CDL often means losing your job. Most trucking companies won’t keep drivers who can’t legally drive their vehicles.

Out-of-State Drivers

Don’t live in Virginia? A DUI here still affects you.

Virginia will report your conviction to your home state. Most states have agreements to share this information with each other.

Your home state will likely impose its own penalties. License suspension, points on your record, insurance increases. All of it follows you home.

You also can’t drive in Virginia while your Virginia driving privileges are suspended. The suspension applies to anyone driving on Virginia roads, not just Virginia residents.

If you’re ordered to complete VASAP but live out of state, you may be able to complete an equivalent program in your home state. But you need approval from Virginia VASAP first.

How DUI Affects Your Life Beyond Court

Let’s talk about the ripple effects. A DUI conviction touches way more than just your driving privileges.

Your insurance rates will skyrocket. Virginia requires FR-44 insurance after a DUI. It’s like SR-22 but with higher liability limits. Expect to pay two to three times your previous rate for several years.

A misdemeanor conviction goes on your criminal record. This shows up on background checks for jobs, housing applications, and professional licenses.

Some employers have policies against hiring anyone with a DUI. Especially jobs that involve driving, working with children, or handling money.

You might lose your job if driving is essential to your position. No restricted license covers commuting to job sites or making sales calls.

College students can lose financial aid. A drug or alcohol conviction makes you ineligible for federal student aid for a period of time.

Custody disputes can be affected. If you’re in a custody battle, a DUI conviction gives the other parent ammunition to argue you’re irresponsible.

Professional licenses might be at risk. Teachers, nurses, lawyers, and other licensed professionals often face disciplinary action from their licensing boards after a DUI.

Defending Against DUI Charges

Not sure what to do if you’re charged? Here are some things to know about defending yourself.

You have the right to an attorney. Get one. DUI cases are complex, and the consequences are serious enough that you need professional help.

There are defenses available. Maybe the traffic stop was illegal. Maybe the breathalyzer wasn’t properly calibrated. Maybe the officer didn’t follow proper procedures.

Your lawyer might be able to negotiate a plea deal. Sometimes prosecutors will reduce a DUI charge to reckless driving, which is still serious but doesn’t carry the same mandatory consequences.

Virginia allows wet reckless pleas in some cases. That’s reckless driving involving alcohol. It’s better than a DUI conviction, though it still requires ASAP completion.

The prosecution has to prove their case beyond a reasonable doubt. If they can’t, you might be found not guilty. But this is rare without a good defense strategy.

Time matters. Evidence can disappear, witnesses forget details, and videos get deleted. Contact a lawyer as soon as possible after your arrest.

What About Marijuana DUI?

Marijuana is legal for adults in Virginia, but driving high isn’t. You can still get a DUI for marijuana impairment.

The standard is different than alcohol. For drugs, prosecutors have to prove the substance actually impaired your ability to drive safely. With alcohol, they just have to show visible impairment, not that you couldn’t drive.

But in reality, both types of cases require similar evidence. Field sobriety tests, officer observations, and sometimes blood tests.

THC blood tests don’t work the same way as BAC tests. THC can stay in your system for days or weeks after use. A positive test doesn’t necessarily mean you were high while driving.

This makes marijuana DUI cases harder to prosecute sometimes. But don’t count on that. People still get convicted.

The penalties are identical to alcohol DUI. Same fines, same jail time, same license suspension. Same VASAP requirement. The law treats them the same way.

Underage Drinking and Driving

Under 21? The rules are even stricter for you. Virginia has zero tolerance for underage drinking and driving.

The legal limit is just 0.02% BAC. That’s basically one drink. Any detectable alcohol in your system puts you over the limit.

Getting caught doesn’t necessarily result in a full DUI charge. Virginia has a separate offense called “Driving After Illegally Consuming Alcohol.” People call it “Baby DUI.”

Baby DUI is still serious though. You lose your license for one year. You pay a fine. You might have to do community service.

If your BAC is 0.08% or higher, you get charged with regular DUI even though you’re underage. So you face all the same penalties as an adult, plus the fact that you were drinking illegally.

Parents, if your kid gets a Baby DUI, they’ll need VASAP too. The requirements don’t disappear just because they’re young.

Refusing Chemical Tests

We talked about implied consent earlier, but let’s dig deeper into refusing tests. It’s almost never a good idea.

First refusal means automatic one-year license suspension. No restricted license eligibility. You can’t drive at all for a full year.

Second refusal within 10 years is a Class 2 misdemeanor. That’s up to six months in jail and a $1,000 fine. Plus a three-year license suspension with no restricted license.

Third refusal? Class 1 misdemeanor. Up to 12 months in jail, $2,500 fine, and you can’t get your license back for three years.

And here’s the kicker. Refusing the test doesn’t mean you won’t get convicted of DUI anyway. Prosecutors can still use other evidence. The officer’s testimony, your behavior, failed field sobriety tests, slurred speech, bloodshot eyes.

So you end up with both a DUI conviction and the refusal penalties. Double punishment.

Some people think refusing helps because there’s no BAC evidence. But experienced prosecutors know how to handle refusal cases. And the refusal itself can be used as evidence of consciousness of guilt.

Getting Your License Back

Okay, so you’ve served your time, paid your fines, and completed VASAP. Now what? How do you get your license back?

First, you have to wait out the full revocation period. No shortcuts. If you were revoked for three years, you wait three years.

Then you need to apply for license restoration with the DMV. This isn’t automatic. You have to fill out paperwork and pay fees.

You’ll need proof that you completed VASAP successfully. Get a completion certificate from your ASAP office and keep it safe.

If you had an ignition interlock device, you need documentation showing you completed the required time period without violations. The vendor provides this.

You must show proof of insurance. Remember, you need FR-44 high-risk insurance, not regular insurance.

Pay all outstanding fines and court costs. The DMV won’t restore your license if you still owe money.

If it was a felony DUI, you might need a judge’s approval before DMV will consider restoration. This usually requires petitioning the circuit court.

Some people with multiple DUIs are labeled habitual offenders. If that’s you, the process is even more complicated and you might need a lawyer’s help.

Costs Add Up Fast

Let’s talk money. A DUI in Virginia is expensive. Way more expensive than most people realize.

Court fines start at $250 minimum but can go up to $2,500 or more. That’s just the court fine.

Attorney fees? Easily $2,500 to $10,000 for a decent DUI lawyer. Complex cases cost more.

VASAP enrollment and intervention fees total $400. Additional services like treatment or extra classes cost more.

Ignition interlock installation runs about $100 to $150. Monthly monitoring fees are $75 to $80. Over 12 months, that’s roughly $1,000 or more total.

License reinstatement fees when you finally get your license back. Virginia charges several hundred dollars for this.

FR-44 insurance could cost you an extra $1,000 to $3,000 per year for three years. That’s $3,000 to $9,000 in additional insurance costs.

Towing and impound fees if your car was towed after arrest. Easily a few hundred dollars.

Lost wages from time off work for court dates, jail time, and VASAP classes. This varies but adds up quickly.

Alternative transportation costs while you can’t drive. Uber, Lyft, taxis, or relying on friends. Over months or years, this gets expensive.

Total cost of a first-time DUI in Virginia? Easily $10,000 to $20,000 or more when you add everything up. Second or third offense? Even more.

And that doesn’t include intangible costs. Lost job opportunities, relationship problems, stress, and the hassle of dealing with it all.

How to Avoid a DUI

The best DUI defense is not getting one in the first place. Here are some practical tips.

Use a designated driver. Always plan ahead before drinking. Have someone sober drive, or take turns being the DD.

Use rideshare apps. Uber and Lyft are way cheaper than a DUI. Seriously, even a $50 ride home beats $15,000 in DUI costs.

Stay overnight. If you’re drinking at a friend’s house, ask to crash on the couch. Most people would rather let you sleep over than risk you driving drunk.

Know your limits. Different people process alcohol differently. Don’t assume you’re fine after two beers.

Wait it out. Your body processes roughly one drink per hour. If you had four drinks, wait four hours before driving. Or just wait until morning.

Don’t drive high. Marijuana impairment counts just like alcohol. If you’re not sober, don’t drive.

Be aware of medications. Some prescriptions impair you just like alcohol. Check warning labels and don’t drive if they say not to.

Frequently Asked Questions

Can I get a DUI for sleeping in my car?

Yes, you can. If you’re in the driver’s seat with the keys in the ignition, that’s considered “actual physical control” of the vehicle. Even if the engine isn’t running. If you need to sleep it off, put the keys somewhere else, like the trunk or outside the car.

Will my DUI affect my car insurance rates?

Absolutely. You’ll need FR-44 insurance, which proves you carry higher liability limits. This typically costs two to three times more than regular insurance. Expect higher rates for at least three years after your conviction.

Can I refuse a roadside breath test without penalties?

You can refuse the portable roadside breathalyzer without automatic penalties. But once you’re arrested and asked for an official breath or blood test at the station, refusing triggers serious consequences including automatic license suspension.

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

Forever. Virginia doesn’t allow expungement of DUI convictions. It stays on your criminal record permanently. DMV keeps it on your driving record for 11 years. But employers and others can still see it on background checks after that.

Can I drive in other states while my Virginia license is suspended?

No. When Virginia suspends your license, you can’t drive anywhere, not just in Virginia. Other states honor Virginia’s suspension. If you’re caught driving in another state on a suspended Virginia license, you’ll face charges there too.

Final Thoughts

DUI laws in Virginia are strict and the penalties are serious. Even a first offense can derail your life for months or years. The financial costs alone run into tens of thousands of dollars. Add in the criminal record, insurance headaches, and everything else, and it’s a nightmare you want to avoid.

If you do get charged, don’t go it alone. Get a lawyer who knows Virginia DUI law and can help you navigate the system. Sometimes they can get charges reduced or dismissed. Other times they can at least minimize the damage.

But honestly, the best strategy is prevention. Don’t drive drunk or high. Plan ahead, use rideshare apps, and make smart decisions. A $30 Uber ride beats a $15,000 DUI every single time.

Stay safe out there, and if you’re not sure whether you’re okay to drive, you’re probably not. When in doubt, don’t risk it.

References

1. Code of Virginia § 18.2-266 – Driving Under the Influence Statute – https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-266/
2. Code of Virginia § 18.2-270 – Penalty for DUI Conviction – https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/
3. Code of Virginia § 18.2-270.1 – Ignition Interlock Requirements – https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270.1/
4. Commission on Virginia Alcohol Safety Action Program (VASAP) – Official Requirements and FAQs – https://vasap.virginia.gov/
5. Virginia Department of Motor Vehicles – DUI Information and License Restoration – https://www.dmv.virginia.gov/