Topic guideUpdated 2026-02-27
Virginia DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §18.2-266
A first DUI/DWI in Virginia is classified as a Class 1 misdemeanor.
- Jail: 0 days (standard BAC < 0.15); 5 days mandatory (BAC 0.15-0.20); 10 days mandatory (BAC > 0.20) minimum to 12 months maximum
- Fine: $250 to $2,500
- License suspension: 1 year
- Substance abuse program: Virginia Alcohol Safety Action Program (VASAP/ASAP) enrollment mandatory; substance abuse assessment and treatment if recommended
- Community service: discretionary — court may order community service as condition of probation
- Probation: available
Second offense
- Jail: 10 days mandatory (if within 5 years); 10 days mandatory (if within 5-10 years); additional mandatory time if BAC ≥ 0.15 minimum to 12 months maximum
- Fine: $500 to $2,500
- License suspension: 3-year revocation
Third and subsequent offenses
- Jail/prison: 90 days mandatory (if within 5 years); 30 days mandatory (if within 10 years) minimum to 5 years (Class 6 felony) maximum
- Fine: $1,000 to $2,500
- License suspension: indefinite revocation
- Felony threshold: third offense within 10 years is a Class 6 felony (1-5 years prison); also felony if DUI causing death or serious injury (involuntary manslaughter §18.2-36.1)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DUI/DWI | 0 days (standard BAC < 0.15); 5 days mandatory (BAC 0.15-0.20); 10 days mandatory (BAC > 0.20)–12 months §18.2-266 | $250–$2,500 §18.2-266 | 1 year §18.2-266 | |
| Second DUI/DWI | 10 days mandatory (if within 5 years); 10 days mandatory (if within 5-10 years); additional mandatory time if BAC ≥ 0.15–12 months §18.2-266 | $500–$2,500 §18.2-266 | 3-year revocation §18.2-266 | |
| Third DUI/DWI | 90 days mandatory (if within 5 years); 30 days mandatory (if within 10 years)–5 years (Class 6 felony) §18.2-266 | $1,000–$2,500 §18.2-266 | indefinite revocation §18.2-266 |
Lookback period
Virginia uses a 5 years (enhanced second-offense mandatory minimums); 10 years (felony third-offense threshold) Lookback period to determine how prior offenses affect sentencing. Only DUI/DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors §18.2-270
- BAC 0.15-0.20 (mandatory 5-day jail for first offense)
- BAC > 0.20 (mandatory 10-day jail for first offense)
- Prior DUI convictions within 5 or 10 years
- DUI causing death or serious injury (felony §18.2-36.1)
- Maiming while DUI (Class 6 felony §18.2-51.4)
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
⚠Penalty ranges are statutory minimums and maximums. The actual sentence depends on the facts, the judge, local practice, and the quality of the defense. An experienced DUI/DWI attorney can often identify mitigating factors or procedural issues that affect the outcome.
Prepare for Your Consultation
Quick checklist (DUI)
Dates matter. If you have paperwork, bring it.
Citation or arrest
paperwork
Court dates
or hearing notices
Your timeline of events
(brief)
General preparation tips only. Deadlines vary by facts and jurisdiction.
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Related guides
Legal authoritiesStatutes referenced on this page
Va. Code § 18.2-266
DUI/DWI penalties by offense
Penalties escalate with each conviction. A first offense is a Class 1 misdemeanor; third offense within 10 years is a Class 6 felony (1-5 years prison); also felony if DUI causing death or serious injury (involuntary manslaughter [§ 18.2-36.1]).
- 1st offense: 0 days (standard BAC < 0.15); 5 days mandatory (BAC 0.15-0.20); 10 days mandatory (BAC > 0.20) to 12 months jail, $250-$2,500 fine, 1 year suspension
- 2nd offense: 10 days mandatory (if within 5 years); 10 days mandatory (if within 5-10 years); additional mandatory time if BAC ≥ 0.15 to 12 months jail, $500-$2,500 fine
- 3rd+ offense: 90 days mandatory (if within 5 years); 30 days mandatory (if within 10 years) to 5 years (Class 6 felony) jail, $1,000-$2,500 fine
- Lookback period: 5 years (enhanced second-offense mandatory minimums); 10 years (felony third-offense threshold)
Verified 2026-07-20 · quarterly review
Va. Code § 18.2-270
Enhanced BAC penalties
Higher penalties apply when BAC reaches the enhanced threshold: 0.15 (mandatory minimum jail); 0.20 (additional mandatory minimum jail).
Verified 2026-07-20 · quarterly review
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