Virginia DUI Penalties
The possible punishment in a DUI case depends on more than whether it is called a first, second, or third offense. The dates and legal effect of prior convictions, the alcohol concentration, and other circumstances all matter.
The following summarizes principal sentencing rules under Virginia Code § 18.2-270. It is not a prediction of your sentence.
First and Second Offenses
Ordinary first and second offenses are Class 1 misdemeanors. The maximum misdemeanor punishment is 12 months in jail and a $2,500 fine. Mandatory minimum penalties may apply within that range.
| Principal category | Mandatory minimum jail | Mandatory minimum fine |
|---|---|---|
| First offense; no listed enhancement | No mandatory jail under this base provision | $250 |
| First offense; BAC at least 0.15 through 0.20 | 5 days | $250 |
| First offense; BAC above 0.20 | 10 days | $250 |
| Second offense less than 5 years after a prior offense; no BAC enhancement | 20 days | $500 |
| Second offense 5 to 10 years after a prior offense; no BAC enhancement | 10 days | $500 |
For a qualifying second offense within 10 years, BAC from 0.15 through 0.20 adds 10 mandatory days; BAC above 0.20 adds 20. The elevated-BAC provision also adds a $500 minimum fine. The statute distinguishes the total sentence imposed from its mandatory, unsuspendable portion.
Felony DUI Categories
A third qualifying offense within 10 years is a Class 6 felony with a 90-day mandatory minimum; if the three offenses occurred within five years, the minimum is six months. A fourth or subsequent qualifying offense within 10 years carries at least one year. These categories carry a $1,000 mandatory minimum fine.
Certain prior felony DUI or specified related convictions create a separate felony category for a later DUI, with a one-year mandatory minimum and $1,000 minimum fine. The qualifying prior records must be reviewed.
Other Consequences Need Separate Review
Transporting a person age 17 or younger adds penalties under the statute. License consequences, ASAP obligations, interlock requirements, and any refusal allegation also need attention. Restricted driving eligibility depends on the applicable law and order.
What Does This Mean for Your Case?
A penalty table cannot tell you whether the Commonwealth can prove the charge. It also cannot establish which prior convictions qualify or which restrictions apply to you. We review those issues before advising you.
Learn about Fairfax DUI defense or Manassas and Prince William DUI defense. Call (703) 215-9337 or request a free initial telephone consultation.
License Consequences Require a Separate Review
The criminal sentence and the status of your driving privileges are separate issues. The applicable offense, prior record, court order, and DMV requirements affect the analysis. Do not assume that a restricted license is automatic or that installing an interlock device is the only condition you must satisfy.
Review Virginia’s DUI license statute with your lawyer and confirm the requirements that apply to you before driving.
Prior Convictions and Other Statutory Consequences
Out-of-state convictions must be reviewed under the applicable qualifying-prior rules. Certain felony DUI cases also raise vehicle forfeiture issues. Those consequences depend on statutory conditions and the facts; they should not be assumed from a general list.
Read our post-case checklist and contact the lawyer handling your case about your specific order.
-
Their exceptional assistance and guidance made the process stress-free- Ben
-
I chose Dischley Law in part because they are a Veteran-owned firm, but also because of their competitive fees and the compassion they demonstrated as I described my case during the consultation- C.G.
-
After receiving a Reckless Driving summons in Fairfax, VA, I contacted a number of lawyers. I found my conversation with Dischley Law to be the most helpful and comforting.- R.M.
-
You will not find a more caring and proactive attorney in your search for effective representation. David gets right to the heart of the case, finds the defenses, and presents them at the right time.- J.M.
Meet Our Team
Nearly 50 Years of Combined Criminal Law Experience
Responsive. Assertive. Accomplished.
More reasons to choose our firm:
-
Our Team Brings Military, Prosecution & Public Defense Experience
-
Courtroom Experience Across Northern Virginia
-
A Boutique Firm With Experienced Courtroom Advocates
-
We Explain the Evidence, Your Options & the Next Steps
-
Read Our Client Reviews & Selected Case Results
-
Your Initial Telephone Consultation Is Free & Confidential