Virginia law enforcement can arrest you for driving under the influence with a measured blood alcohol content of at least 0.08%. You must consent to a blood or breath test in this situation or risk additional penalties. 

In addition, the penalties for DUI in Virginia are among the highest in the nation. Learn what to expect before facing a court date. 

First DUI conviction 

The initial DUI conviction in Virginia is a misdemeanor offense. If you have no prior convictions, a first-time DUI will result in: 

  • A mandatory $250 fine 
  • A mandatory one-year driver’s license suspension 
  • At least five days in jail for BAC between 0.15 and 0.20 
  • At least 10 days in jail for BAC higher than 0.20 

Second DUI conviction 

You will receive increased penalties for a second DUI within 10 years of the first conviction, which is also a misdemeanor in Virginia. Legal consequences include: 

  • A mandatory $500 fine 
  • A mandatory three-year license revocation 
  • At least 10 days in jail  
  • At least 20 days and up to one year in jail for BAC higher than 0.20 or a first offense less than five years ago 

Subsequent DUI convictions 

Virginia imposes felony charges for all subsequent DUI convictions in the same 10 years. Penalties include: 

  • A mandatory $1,000 fine or $2,500 for DUI on a suspended license 
  • Indefinite revocation of the driver’s license 
  • Vehicle forfeiture 
  • At least 90 days in jail 
  • At least six months in jail for the third conviction within five years 
  • At least one year in jail for fourth and subsequent convictions 
  • One to five years in jail for DUI on a suspended license 

In Virginia, a DUI can also result in a permanent criminal record. Drivers younger than age 21 can receive a DUI conviction for BAC of at least 0.02% as part of the state’s zero-tolerance laws. This crime also results in a one-year license suspension and either a $500 fine or 50 hours of community service.