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What are the legal consequences for Virginia DUI?

On Behalf of | Mar 8, 2021 | Criminal Law |

You can receive charges for driving under the influence in Virginia with a blood alcohol content of 0.08 or higher. Penalties for a conviction can include license suspension, fines and even jail time. 

Review the potential legal consequences when facing a court date for Virginia DUI before you decide on your next steps. 

License suspension

The state will suspend your license for 12 months after a first-time DUI. For a second DUI, you can lose your license for up to three years. Subsequent DUI convictions result in indefinite license revocation as well as forfeiture of your vehicle. 


If convicted, you will receive a mandatory $250 for a first offense and $500 for a second offense. The fine rises to $1,000 for third and subsequent DUIs. You could also receive a fine of $2,500 for DUI with a suspended license. 

Jail time

In first-time DUI offenses, Virginia reserves jail time for cases involving BAC of 0.15 or higher, with a mandatory minimum sentence of five to 10 days. A second DUI within 10 years of the first carries a mandatory minimum of 10 to 20 days in jail. 

You could get a mandatory minimum of 30 days in jail for a third DUI in a decade or six months for three DUIs in five years.. Virginia may convict you of a felony in this instance. 

Subsequent DUI convictions carry at least a year in jail. Virginia also imposes a possible sentence of one to five years for drivers who receive a DUI on a suspended license.