DUI Myth Book - Virginia DUI Penalties

Virginia DUI Penalties

Caution: DUI Laws change every year. This is the law as of July 2007. Check with an attorney before relying on this book for the current status of the law.

Administrative License Suspension (ALS)

For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for 7 days if your BAC is 0.08 percent or higher.

For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, whichever comes first.

For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial.

Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.

First Offense - Penalties

i) BAC < .15
Class 1 misdemeanor (Up to $2,500 fine and 12 months in jail) with a mandatory minimum fine of $250.

ii) BAC .15 to .20
If the person's blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for a mandatory minimum period of 5 days.

iii) BAC > .20
If the BAC level was more than 0.20, he shall be confined in jail for a mandatory minimum period of 10 days.

License Suspension
License revoked for 1 year. Eligible for immediate Restricted Operator’s License. Ignition Interlock required for BAC of .15 or above.

Second Offense - Penalties

A) Committed within less than 5 years from a prior offense

• Minimum $500 fine.
• Confinement in Jail for one month to one year. 20 day mandatory minimum jail sentence.
• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

B) Committed within 5 to 10 years from a prior offense

• Minimum $500 fine.
• Confinement in Jail for one month to one year. 10 day mandatory minimum jail sentence.
• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.
• If the BAC was greater than .20, additional 20 days mandatory minimum jail sentence.

License Suspension

• 2nd conviction within 5 years - eligible for Restricted Operator's License after 1 year. Ignition Interlock required for Restricted OL.
• 2nd conviction within 5-10 years - eligible for Restricted Operator's License after 4 months. Ignition Interlock required for Restricted OL.
• If the BAC was between .15 and .20, additional 10 days mandatory minimum jail sentence.

Third Offense - Penalties

A) All 3 committed within 5 years period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.
• Mandatory minimum jail sentence of 6 months.
• Mandatory minimum fine of $1,000.

B) All 3 committed more than 5 years and up to 10 year period

• Class 6 FELONY: 1-5 years imprisonment; or up to 12 months in jail and $2,500 fine.
• Mandatory minimum jail sentence of 90 days.
• Mandatory minimum fine of $1,000.

License Suspension
License revoked indefinitely.

Fourth Offense in 10 Years - Penalties

Class 6 Felony with mandatory minimum 1 year imprisonment and mandatory minimum $1,000 fine.

License Suspension
License revoked indefinitely.

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