Virginia DUI/DWI Laws and Conviction Penalties

Learn about the penalties for a DWI/DUI conviction in Virginia.

By , Attorney
Facing a DUI? We've helped 115 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

In Virginia, the consequences of a DWI conviction depend primarily on the number of prior convictions you have. This article covers the basics of Virginia's DWI laws and the penalties for a first, second, and third conviction.

Virginia's DWI/DUI Laws

Virginia officially uses the term "driving while intoxicated" (DWI) instead of "driving under the influence" (DUI). However, lots of people (including attorneys) still use DWI and DUI interchangeably to refer to drunk or drugged driving.

Virginia's DWI laws prohibit all motorists from driving or operating a motor vehicle:

  • while under the influence of drugs or alcohol
  • with a blood alcohol concentration (BAC) of .08% or more
  • with a blood concentration of .1 milligrams per liter or more of methamphetamine
  • with a blood concentration of .02 milligrams per liter or more of cocaine, or
  • with a blood concentration of .02 milligrams per liter or more of phencyclidine (PCP).

Generally, a person is considered "under the influence" if the substances (alcohol and/or drugs) ingested impair the person's ability to operate or drive a vehicle safely. (Virginia has similar laws that outlaw boating under the influence.)

Virginia also has "zero tolerance" laws making it illegal for underage drivers (those under 21 years old) to get behind the wheel with a BAC .02% or more.

How Virginia's DWI Law Defines "Driving"

In Virginia, a motorist can get a DWI even if the car wasn't actually in motion: The statute defines DWI as "driving" or "operating" a vehicle while under the influence or with a prohibited blood concentration of drugs or alcohol. So while driving is sufficient for a conviction, it isn't required.

The Virginia Supreme Court has said that a person operates a vehicle by being in "actual physical control" of the vehicle. And while the court hasn't precisely defined what "actual physical control" means, it did say that a person who's seated in front of the steering wheel with the keys in the ignition comes under the definition and can be convicted of a DWI.

Virginia Blood Alcohol Concentration (BAC) Limits and Per Se DUIs

Generally, a drunk driving offense based on BAC—as opposed to the driver's level of impairment—is known as a "per se" DWI. (Unlike some other states, Virginia also has per drug DWI laws, as noted above.) The amount of alcohol a person must drink to reach the legal limit depends on a number of factors, including gender, body size, and the number and strength of drinks.

Penalties for a DWI Conviction in Virginia

Virginia DWI penalties vary based on the circumstances of the case. But the range of allowable penalties depends, in large part, on the number of prior convictions the defendant has.

How Long DWI Convictions Stay on Your Record in Virginia

In Virginia, a DWI conviction will stay on your record and count as a prior for ten years. Here are what the potential sentences generally look like for a first, second, and third DWI.

Jail, License Suspension, Fines, and IIDs for Virginia DWIs

1st Offense

2nd Offense

3rd Offense

Jail

Up to 12 months

10 days to 12 months

90 days to 5 years

Fines

$250 to $2,500

$500 to $2,500

$1,000 to $2,500

License Suspension

1 year

3 years

Indefinitely

Ignition Interlock Device (IID)

6-month minimum as a condition of obtaining a "restricted license"

6-month minimum

6-month minimum

Implied Consent and Refusing a Blood or Breath Test in Virginia

Virginia's "implied consent" laws require all drivers lawfully arrested for a DWI to submit to a blood and/or breath test. Motorists who refuse testing face the following license suspensions periods.

1st Offense

2nd offense

3rd Offense

License Suspension

1 year

3 years

3 years

For purposes of determining what is a second or third refusal, prior DWI and refusal convictions within the past ten years count.

Plea Bargaining in Virginia DUI Cases

If you get charged with a DWI in Virginia, you might be hoping to get the charge dismissed altogether. However, unless the court throws out evidence that's critical to prove the charge, it's unlikely a prosecutor will agree to a complete dismissal.

But in some cases, a reduction to a "wet reckless" charge is possible. A wet reckless is just a reckless driving offense that involves drugs or alcohol. A wet reckless carries the same penalties as a normal reckless driving conviction except the court can, in addition to the other penalties, require the motorist to complete an "alcohol safety action program" as a condition of probation.

FACING A DUI?
Talk to a DUI Defense attorney
We've helped 115 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please add a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you