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What are the DUI penalties in Virginia?

| Oct 29, 2020 | blog

Virginia drivers must consent to a blood or breath sobriety test if requested by a law enforcement officer. The state mandates charges of driving under the influence for blood alcohol content of 0.08 or higher. 

If you face a court date for DUI in Virginia, learn about the possible penalties for a conviction. 

First-time DUI 

If you have no DUI history on your record, you could receive: 

  • A driver’s license suspension for 12 months 
  • A fine of at least $250 

Virginia considers the first two DUIs misdemeanor offenses. 

Second DUI 

If you have one previous DUI, you could receive: 

  • A driver’s license suspension for 36 months 
  • A fine of at least $500 
  • A mandatory minimum of 10 days in jail for a second DUI in 10 years 
  • A mandatory minimum of 20 days and up to 12 months in jail for BAC of 0.20 or higher  

Third and subsequent DUIs 

A third or subsequent DUI conviction within a decade is a felony in Virginia. The mandatory minimum penalties for a conviction include: 

  • driver’s license suspension indefinitely 
  • Vehicle forfeiture 
  • A fine of at least $1,000 
  • A mandatory minimum of 90 days in jail 
  • A mandatory minimum of six months in jail for a third DUI in five years 
  • A mandatory minimum of 12 months and up to five years in jail for DUI with a suspended license 

These penalties can significantly vary based on the facts in your case. For example, a driver who is younger than 21 can receive a conviction with a BAC of 0.02 or higher.