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:
- A 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.
