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DUI law in Virginia

The criminal charge and your driving privileges are separate questions. Check both.

DUI law in Virginia concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.

The two legal questions

The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.

Driving privileges

The licence case

Forum
The agency or court identified by the applicable licence proceeding
Clock
Check the applicable notice or order for the deadline and its starting event
Deadline to request a hearing
For the administrative suspension under Va. Code §46.2-391.2(A), request court review during the period of that suspension.
  • Subsection C ties the request window to the actual administrative suspension, rather than prescribing one universal number of days from arrest.
  • The suspension durations described in subsection A are not a separate, extendable hearing-request deadline. This answer does not apply to every DMV sanction or a post-conviction license appeal.
  • For an adult proceeding, request review in the general district court of the jurisdiction where the arrest was made. This answer does not address juvenile proceedings or promise restoration of driving privileges.
Verified Va. Code § 46.2-391.2Official source (opens in a new tab)
Suspension under the cited rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Hearing procedure under the cited rule
For an adult’s administrative suspension under Va. Code §46.2-391.2, request review in the general district court of the jurisdiction where the arrest was made, during the suspension period.
  • Subsection C gives this review priority over other docket matters and links the court’s review timing to its handling of a bail-order appeal. It does not require filing a bail appeal to obtain suspension review.
  • Failure to appear without just cause waives the right to review. The court may rescind, reduce or affirm the suspension under the statutory standards; requesting review is not a promise of relief.
  • The suspension-review findings are without prejudice and are not evidence in other civil or criminal proceedings. This answer covers the adult administrative-suspension review, not juvenile procedure or a general appeal of a conviction.
Verified Va. Code § 46.2-391.2Official source (opens in a new tab)

Criminal charge

The criminal case

Forum
A criminal court
Clock
Check court notices and orders; no case duration is predicted here
Alcohol-concentration threshold
0.08% or more in blood, or 0.08 grams or more per 210 liters of breath, while driving or operating a motor vehicle.
  • The statute specifies a chemical test administered under the article. It also separately prohibits driving under the influence of alcohol; the numeric threshold is not permission to drive while impaired.
  • This is the general alcohol-concentration rule, not a separate rule for commercial drivers or drivers under 21.
Verified Va. Code § 18.2-266Official source (opens in a new tab)
First-offense penalty rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
Lookback period
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Alcohol-concentration thresholds in Virginia

The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.

Standard drivers
0.08% or more in blood, or 0.08 grams or more per 210 liters of breath, while driving or operating a motor vehicle.
  • The statute specifies a chemical test administered under the article. It also separately prohibits driving under the influence of alcohol; the numeric threshold is not permission to drive while impaired.
  • This is the general alcohol-concentration rule, not a separate rule for commercial drivers or drivers under 21.
Verified Va. Code § 18.2-266Official source (opens in a new tab)
Operating a commercial motor vehicle
Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Under-21 rule
Not published yet. We show a figure only once it has been confirmed against the official source and dated.

Virginia in detail

8 further Virginia topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.