The criminal case
DUI penalties in Virginia
The offense, qualifying priors and statutory conditions matter—not just an arrest count.
DUI penalties in Virginia depend on the charged offense and its statutory conditions. Prior convictions, their dates, and aggravating factors may change the applicable rule. An arrest count alone does not establish the offense tier, and a minimum sentence is not the complete sentencing range. The cited rules below are not predictions of a particular case’s outcome.
The lookback period
- How far back priors count
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.This varies widely between states — from a few years to a lifetime — so it is not safe to assume a national figure.
Penalty rules by offense number
- First offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Second offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Third offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Driving privileges, ignition interlock and insurance requirements need separate review under their own rules. A commercial-driving restriction may have different triggers from a restriction on an ordinary licence. No consequence is assumed merely because it appears in this list.
- Ignition interlock, first offense
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
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.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
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.
- 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.