DUI Laws in Virginia

0.08 for drivers generally. For drivers under 21, driving after illegally consuming alcohol with 0.02 or more (but under 0.08) is a separate Class 1 misdemeanor.

A first DUI is a Class 1 misdemeanor (up to 12 months in jail and/or a fine up to $2,500) with a mandatory minimum fine of $250. With a blood alcohol level of 0.15 to 0.20, there is an additional mandatory minimum of five days in jail; above 0.20, ten days. A first conviction also takes away the privilege to drive for one year (in addition to the administrative suspension under § 46.2-391.2), unless a restricted license is granted under § 18.2-271.1.

In Virginia, a 3rd DUI offense committed within 10 years is a Class 6 felony. It carries a mandatory minimum of 90 days in jail (6 months if all three offenses were within 5 years) and a $1,000 minimum fine. A 4th or later offense within 10 years requires at least 1 year of imprisonment. Any DUI after a prior felony DUI, or after a conviction under certain intoxication-related manslaughter or maiming statutes (Va. Code 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5), is also a Class 6 felony, with at least 1 year of imprisonment. A vehicle solely owned and driven by the accused in a felony DUI is subject to forfeiture.

Unreasonably refusing a breath test after a DUI arrest is a civil offense for a first violation, and the court suspends the privilege to drive for one year (in addition to the administrative suspension). A refusal within 10 years of a prior refusal or DUI conviction is a Class 1 misdemeanor with a three-year loss of driving privileges. Refusing a blood test is a civil offense with a one-year suspension for a first offense.

Ten years. A second DUI within five years carries a mandatory minimum fine of $500 and at least one month in jail (20 days mandatory); within five to ten years, at least one month (10 days mandatory). A third DUI within ten years is a Class 6 felony. DMV revokes the license for three years for a second DUI within ten years and indefinitely for a third within ten years.

According to Virginia DMV, DUI and DWI convictions stay on the DMV driving record for 11 years. That includes driving while intoxicated, DUI of alcohol or drugs, refusing a blood or breath test, DWI-related maiming or involuntary manslaughter, and driving while suspended or revoked for DWI. Underage 'driving after illegally consuming alcohol' stays for 3 years. Commercial-motor-vehicle alcohol and drug offenses stay permanently. The 6 demerit points themselves count for 2 years from the offense date.

For a first suspension while on driver improvement probation, DMV must grant a restricted license on request (if otherwise eligible), for purposes such as work, school, and medically necessary travel with written verification; restricted licenses do not cover commercial vehicles. After a DUI, courts may authorize a restricted license under § 18.2-271.1, and a person whose license was revoked for three DUIs may petition the circuit court for a restricted license with an ignition interlock.