DUI Laws in Virginia

This article provides a comprehensive overview of Virginia's DUI laws, including definitions, legal limits, penalties, and procedures.

Driving under the influence (DUI) is a serious offense in Virginia, with stringent laws and severe penalties designed to deter impaired driving and protect public safety. This article provides a comprehensive overview of Virginia's DUI laws, including definitions, legal limits, penalties, and procedures. The information is based on legitimate sources such as government websites, state laws, and official legal resources.

Definition of DUI in Virginia

In Virginia, DUI is defined under Virginia Code § 18.2-266. According to this statute, it is unlawful for any person to drive or operate any motor vehicle, engine, or train while:

  1. Having a blood alcohol concentration (BAC) of 0.08 percent or more.
  2. Under the influence of alcohol.
  3. Under the influence of any narcotic drug or any other self-administered intoxicant or drug, or any combination of such drugs, to a degree which impairs the ability to drive or operate any motor vehicle safely.
  4. Under the influence of any drug to a degree which impairs the ability to drive or operate any motor vehicle safely.
  5. Having a BAC of 0.02 percent or more if the person is under the age of 21.

Distinction Between DUI and DWI

In Virginia, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are often used interchangeably. However, the legal distinction is minimal. Both terms refer to the act of operating a vehicle while impaired by alcohol or drugs. The primary statute, Virginia Code § 18.2-266, encompasses both DUI and DWI offenses.

Blood Alcohol Concentration (BAC) Limits

The legal BAC limits in Virginia are as follows:

  • 0.08% for drivers aged 21 and over.
  • 0.04% for commercial drivers.
  • 0.02% for drivers under the age of 21.

Virginia's implied consent law, found in Virginia Code § 18.2-268.2, states that by operating a motor vehicle on Virginia's public roads, drivers have implicitly consented to chemical testing (breath, blood, or urine) if lawfully arrested for a DUI. Refusal to submit to such testing can result in immediate administrative penalties, including license suspension.

Chemical Testing Procedures

Chemical testing for BAC in Virginia typically involves breath or blood tests. Breath tests are commonly administered using a breathalyzer device, while blood tests are conducted in medical settings. The procedures for chemical testing are outlined in Virginia Code § 18.2-268.6.

Penalties for DUI in Virginia

First Offense

For a first DUI offense in Virginia, the penalties include:

  • Class 1 Misdemeanor: Up to 12 months in jail.
  • Fines: A minimum fine of $250.
  • License Suspension: Administrative suspension of the driver's license for one year.
  • Alcohol Education Program: Mandatory attendance in the Virginia Alcohol Safety Action Program (VASAP).

Second Offense

A second DUI offense within ten years carries more severe penalties:

  • Class 1 Misdemeanor: Up to 12 months in jail, with a mandatory minimum of 20 days if the second offense occurs within five years of the first.
  • Fines: A minimum fine of $500.
  • License Suspension: Administrative suspension of the driver's license for three years.
  • Ignition Interlock Device: Mandatory installation of an ignition interlock device (IID) for a minimum of six months.

Third Offense

A third DUI offense within ten years is classified as a felony:

  • Class 6 Felony: One to five years in prison, with a mandatory minimum of 90 days if the third offense occurs within ten years of the second.
  • Fines: A minimum fine of $1,000.
  • License Revocation: Indefinite revocation of the driver's license.
  • Ignition Interlock Device: Mandatory installation of an IID upon reinstatement of the license.

Enhanced Penalties

Enhanced penalties apply in certain circumstances, such as:

  • High BAC: If the driver's BAC is 0.15% or higher, additional mandatory jail time and fines apply.
  • Child Endangerment: If a child under the age of 17 is in the vehicle at the time of the offense, additional penalties include mandatory jail time and higher fines.
  • Accidents and Injuries: If the DUI results in an accident causing injury or death, the penalties can include felony charges and significant prison time.

Administrative Penalties

Administrative License Suspension

Under Virginia's administrative license suspension (ALS) laws, a driver's license can be immediately suspended if they:

  • Refuse to submit to a chemical test.
  • Have a BAC of 0.08% or higher.
  • Are under 21 with a BAC of 0.02% or higher.

The suspension periods are:

  • First Offense: Seven days.
  • Second Offense: 60 days or until the trial date, whichever is sooner.
  • Third Offense: Until the trial date.

Ignition Interlock Device (IID)

An IID is a breathalyzer device installed in a vehicle that prevents it from starting if the driver's BAC exceeds a preset limit. Virginia Code § 18.2-270.1 mandates the installation of an IID for:

  • All second and subsequent DUI offenses.
  • First offenses with a BAC of 0.15% or higher.
  • Offenders seeking restricted driving privileges.

DUI Process in Virginia

Arrest and Booking

The DUI process begins with the arrest and booking of the suspect. Law enforcement officers must have probable cause to make an arrest, which can be based on observed driving behavior, field sobriety tests, and preliminary breath tests.


After arrest, the suspect is taken to court for arraignment, where they are formally charged and informed of their rights. The judge will set bail and schedule future court dates.

Pre-Trial Motions

Pre-trial motions may be filed by the defense to challenge the evidence, such as the legality of the traffic stop, the accuracy of the chemical tests, or the procedures followed by law enforcement.


If the case goes to trial, it can be heard by a judge or jury. The prosecution must prove beyond a reasonable doubt that the defendant was driving under the influence. The defense can present evidence and witnesses to refute the charges.


If convicted, the judge will impose a sentence based on the severity of the offense, the defendant's criminal history, and any aggravating or mitigating factors. Sentencing may include jail time, fines, license suspension, and mandatory participation in VASAP.

Challenging the Traffic Stop

One common defense is to challenge the legality of the traffic stop. If the officer did not have reasonable suspicion to stop the vehicle, any evidence obtained during the stop may be inadmissible in court.

Questioning the Accuracy of Chemical Tests

The defense may question the accuracy and reliability of chemical tests. This can include challenging the calibration and maintenance of breathalyzer devices, the procedures followed during blood tests, and the qualifications of the personnel conducting the tests.

Contesting Field Sobriety Tests

Field sobriety tests (FSTs) are subjective and can be influenced by various factors such as medical conditions, fatigue, and environmental conditions. The defense can argue that the FST results are not a reliable indicator of impairment.

Rising BAC Defense

The rising BAC defense argues that the defendant's BAC was below the legal limit while driving but increased to an illegal level by the time the chemical test was administered. This can occur if the defendant consumed alcohol shortly before driving.

Virginia Alcohol Safety Action Program (VASAP)


VASAP is a state-mandated program designed to educate and rehabilitate DUI offenders. Participation in VASAP is often a condition of probation or a requirement for license reinstatement.

Program Components

VASAP includes several components:

  • Education: Classes on the dangers of alcohol and drug use while driving.
  • Counseling: Individual or group counseling sessions to address substance abuse issues.
  • Monitoring: Regular check-ins with a VASAP officer to ensure compliance with program requirements.

Enrollment and Completion

Offenders are typically referred to VASAP by the court. Successful completion of the program is required to regain driving privileges and may be considered by the court during sentencing.

Recent Changes in Virginia DUI Laws

2021 Legislative Updates

In 2021, Virginia enacted several changes to its DUI laws, including:

  • Marijuana DUI: The legalization of recreational marijuana use in Virginia has led to increased focus on DUI laws related to drug impairment. Law enforcement officers receive additional training to detect drug-impaired driving.
  • Ignition Interlock Devices: Expanded requirements for IID installation, including for first-time offenders with high BAC levels.

2022 Legislative Updates

In 2022, further changes were made to enhance DUI enforcement and penalties:

  • Increased Penalties for High BAC: Enhanced penalties for drivers with a BAC of 0.15% or higher, including longer mandatory jail sentences and higher fines.
  • Expanded Use of Technology: Increased use of technology such as electronic monitoring and remote alcohol testing for repeat offenders.

Resources and Support

Government Resources

  • Virginia Department of Motor Vehicles (DMV): Provides information on license suspension, reinstatement, and DUI penalties. Virginia DMV
  • Virginia State Police: Offers resources on DUI enforcement and prevention. Virginia State Police
  • Virginia Judicial System: Access to court information, legal resources, and case status. Virginia Judicial System
  • Public Defenders: Individuals who cannot afford an attorney may be eligible for representation by a public defender.
  • Private Attorneys: Experienced DUI defense attorneys can provide legal representation and guidance through the DUI process.

Support Programs

  • Alcoholics Anonymous (AA): Support groups for individuals struggling with alcohol addiction. Alcoholics Anonymous
  • Mothers Against Drunk Driving (MADD): Advocacy and support for victims of drunk driving. MADD


Virginia's DUI laws are designed to deter impaired driving and enhance public safety. The penalties for DUI offenses are severe and can have long-lasting consequences. Understanding the legal definitions, testing procedures, penalties, and available defenses is crucial for anyone facing DUI charges in Virginia. Additionally, resources such as VASAP and support programs can aid in rehabilitation and recovery. For more detailed information, individuals are encouraged to consult official government resources and seek legal assistance.

This article aims to provide a comprehensive overview of DUI laws in Virginia, focusing on legitimate sources and official information. For further details, please refer to the Virginia Code and government websites provided.

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