Third Offense DUI in Virginia

Virginia has no “lookback” period so that it doesn’t matter when you commit your third DUI. However if all three DUIs occurred within the past five or ten years, the legal consequences are likely to be more severe. If you are found guilty of a third DUI, you will be convicted of a Class 6 felony and subject to the following penalties:


If you have two previous convictions and you are arrested for a third DUI with a blood alcohol content (BAC) of .08 or higher, your driver's license will be suspended until you go to trial.

Conviction for DUI third offense or DWI felony results in:

  • Mandatory, minimum $1,000 fine
  • Mandatory indefinite driver’s license revocation
  • Prosecution as a Class 6 felony

Conviction for DUI third offense within five years carries the following additional penalty:

  • Mandatory, minimum six-month jail term

Conviction for DUI third offense within ten years carries the following additional penalty:

  • Mandatory, minimum 90-day jail term
  • Permanent forfeiture of your vehicle (if you are the sole owner)
  • Mandatory, indefinite driver’s license revocation
  • If your driving privilege is revoked for a first or second DUI offense conviction and you receive another DUI, the license revocation period will run consecutively with the existing revocation period.

ASAP program. You will also be ordered into the Alcohol Safety Action Program (ASAP) at your own expense. This program is used to determine which intervention services you need. In addition to any services that you are required to obtain, you will be put on probation overseen by the ASAP for three years.


You have the option to plead guilty, not guilty or you may receive a plea bargain offer. Contact an experienced attorney for advice as soon as possible.


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