State service guide

Virginia DUI laws: 0.08 adult threshold, immediate administrative suspension, and 12-month ignition interlock rules

Virginia's DUI system is best understood as several connected tracks rather than one penalty box. The Commonwealth separately handles the DUI offense itself, under-21 illegal-consumption cases, unreasonable refusal of chemical testing, the immediate administrative suspension after arrest, and the ignition-interlock and VASAP requirements tied to restricted driving and restoration. The practical Virginia details are the seven-day or longer administrative suspension at the front end, the one-year to indefinite revocation ladder after conviction, and the strong role ignition interlock now plays even for many first-offense cases.

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Adult DUI threshold Virginia treats 0.08 BAC or higher as DUI, but drivers 21 and older can still be convicted if they are impaired below 0.08
Under-21 alcohol rule Drivers under 21 can be convicted of illegal consumption of alcohol with a BAC of 0.02 to less than 0.08
Immediate suspension After arrest, Virginia imposes an administrative suspension of 7 days for a first offense, 60 days for a second, and until trial for a third or subsequent charge
Interlock baseline Virginia generally requires at least 12 consecutive months without alcohol-related interlock violations when interlock is ordered

Overview

What this page helps you verify

A useful Virginia DUI page should separate four things that generic summaries blur together: what conduct counts as DUI, what happens immediately after arrest, what happens after conviction, and what must be done to drive again. Virginia uses a standard 0.08 DUI threshold, but the offense also reaches impairment below 0.08, drug impairment, and certain drug-concentration cases. Virginia also has a separate under-21 illegal-consumption offense at 0.02 to less than 0.08, plus a separate refusal track if the driver unreasonably refuses testing. The strongest statewide page keeps those layers visible alongside the interlock, restricted-license, and VASAP rules that control real-world reinstatement.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The charging documents, warrant or summons, and the administrative-suspension notice served after the arrest
  • Any breath-test, blood-test, or refusal paperwork tied to the DUI or unreasonable-refusal allegation
  • Court records showing the conviction level, revocation period, and any order granting restricted driving privileges
  • Proof of VASAP enrollment, supervision, or completion if the court or DMV requires alcohol-safety program participation
  • Ignition interlock installation and monitoring records if restricted driving or restoration depends on interlock compliance
  • Commercial-driver records if the case involved a commercial motor vehicle or CDL consequences

Typical flow

What the process often looks like

  1. Treat the Virginia case as separate issues from the beginning: the immediate administrative suspension, the criminal DUI or illegal-consumption charge, any refusal allegation, and the later restoration requirements.
  2. Check whether the case is a standard DUI, an under-21 illegal-consumption case, a refusal case, or a commercial-motor-vehicle case, because the threshold and penalties are not identical.
  3. If you need restricted driving privileges, review the court-eligibility timing carefully and plan around ignition interlock, because Virginia often ties restricted driving to interlock compliance.
  4. If the case ends in conviction, plan around the revocation period, VASAP, and interlock requirements instead of assuming the matter ends when the criminal sentence is entered.

What counts as DUI

Virginia covers standard alcohol DUI, drug impairment, per se drug levels, and a separate under-21 alcohol offense

The offense definition is broader than a simple adult 0.08 chart.

  • Virginia Code § 18.2-266 makes it unlawful to drive while at 0.08 BAC or higher, while under the influence of alcohol, while under the influence of drugs, while under the combined influence of alcohol and drugs, or while at certain listed drug concentrations.
  • Virginia DMV also says drivers 21 and older can be convicted of DUI even when BAC is below 0.08 if they are impaired.
  • For drivers under 21, DMV says a BAC of 0.02 to less than 0.08 falls under Virginia's separate illegal-consumption offense rather than the ordinary adult DUI threshold.
  • Virginia's commercial-motor-vehicle statute separately makes 0.04 BAC in a CMV a lesser included offense of the broader commercial DUI law.

Immediate consequences

Virginia can suspend the license immediately after arrest, before the DUI case is finished

This front-end step is easy to miss if a page focuses only on conviction penalties.

  • Virginia's administrative-suspension law says a qualifying arrest with a 0.08 result, an under-21 0.02 result, or a refusal triggers immediate suspension.
  • The suspension is 7 days for a first offense, 60 days for a second offense, and until trial for a third or subsequent offense.
  • Virginia's refusal statute separately makes an unreasonable refusal carry a 1-year loss of driving privilege for a first violation and 3 years for a qualifying later violation within 10 years.
  • The refusal revocation runs in addition to the administrative suspension and, if there is also a DUI conviction, the DUI revocation runs consecutively with the refusal revocation.

Conviction ladder

Virginia's conviction penalties escalate sharply, and BAC and timing both matter

A good statewide page should keep the jail and revocation structure visible together.

  • A first DUI conviction is a Class 1 misdemeanor with a mandatory minimum $250 fine and a 1-year license revocation.
  • A first offense adds 5 mandatory jail days at a BAC of at least 0.15 but not more than 0.20, and 10 mandatory jail days above 0.20.
  • A second DUI within 5 years carries a mandatory minimum $500 fine, 20 mandatory jail days, and a 3-year revocation; a second DUI within 5 to 10 years still carries a 3-year revocation with a 10-day mandatory minimum jail term.
  • A third DUI within 10 years is a Class 6 felony with indefinite revocation and at least 90 days in jail, or 6 months if the three offenses were within 5 years, and a fourth or subsequent DUI within 10 years carries a 1-year mandatory minimum term.

Interlock, VASAP, and restrictions

Restricted driving and restoration in Virginia are built around ignition interlock and alcohol-safety supervision

This is the practical part many drivers do not understand until after conviction.

  • Virginia's ignition-interlock statute generally requires at least 12 consecutive months without alcohol-related interlock violations when interlock is ordered.
  • For an adult first DUI offense under § 18.2-266, the interlock restriction is generally the core restriction on the restricted license, and the court may count eligible pretrial installation time toward the later period.
  • A second DUI within 10 years can lead to restricted driving only after 1 year if the second offense was within 5 years of the first, or after 4 months if it was within 10 years.
  • Virginia requires people convicted of a first or second DUI to enter and successfully complete VASAP unless the court, after assessment, finds good cause not to require participation.

Accuracy notes

Where people get tripped up

  • Virginia DUI content should separate the ordinary DUI offense, the under-21 illegal-consumption offense, the unreasonable-refusal track, and the immediate administrative suspension instead of folding everything into one chart.
  • Do not describe Virginia as a simple per se 0.08 state. The statute also covers impairment below 0.08, drug impairment, combined alcohol-and-drug impairment, and listed drug concentrations.
  • Keep the restricted-license timing visible for repeat DUI cases, because Virginia does not treat every second offense as immediately restriction-eligible.
  • Interlock and VASAP are central operational requirements in Virginia, not minor afterthoughts, especially for people trying to drive during or after a revocation.

FAQ

Common questions

  • What BAC is a DUI in Virginia?

    Virginia treats 0.08 BAC or higher as DUI for adult drivers, but impairment below 0.08 can still support a DUI conviction. For drivers under 21, Virginia separately uses 0.02 to less than 0.08 for the illegal-consumption offense.

  • What happens to my license right after a Virginia DUI arrest?

    Virginia can suspend your license immediately through the administrative-suspension process. The suspension is 7 days for a first offense, 60 days for a second, and until trial for a third or subsequent offense.

  • What happens if I refuse a breath or blood test in Virginia?

    Virginia's refusal law makes an unreasonable refusal a separate problem. A first violation causes a 1-year loss of driving privilege, and a qualifying later violation within 10 years causes a 3-year loss of privilege.

  • How long is the license revocation for a Virginia DUI conviction?

    Virginia revokes the license for 1 year after a first DUI conviction and for 3 years after a second DUI conviction within 10 years. A third or subsequent qualifying DUI within 10 years leads to indefinite revocation.

  • Is ignition interlock required after a Virginia DUI?

    Often yes. Virginia law ties many restricted-license and restoration situations to ignition interlock, and the usual benchmark in the statute is at least 12 consecutive months without alcohol-related interlock violations.

Sources

Official references used for this page

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