Virginia’s DUI/DWI Penalties for Drivers Over 21

In Virginia, the Blood Alcohol Content (BAC) limit is set at 0.08%. Having a Virginia license inherently makes you agree to be tested if stopped by a law enforcement officer while driving. This is the law of “implied consent” and can be utilized by the officer to test you on the off chance that you are stopped on suspicion of driving under the influence of alcohol, either through a breathalyzer test or by a genuine blood test to check the BAC. Declining to take the chemical test will bring about your license being revoked for a year.

Infractions will be added to your driving record, and your license will be suspended or revoked if you are convicted of a DUI/DWI. The number of points you receive rely upon the seriousness of the offense and how many times you have been sentenced for it.


If you are more than 21 years of age and are caught with BAC higher than the legal limit of 0.08%, you might be subjected to criminal consequences as well as administrative actions. If the DUI/DWI episode you are engaged with is subjected to criminal activity, it is advised that you connect with a DUI/DWI attorney as they are specialists at representing reckless driving and DUI/DWI cases and can offer you the best counsel.

The first offense results in a minimum $250 fine and a license suspension for a year. In any case, the court has the authorization to allow you Restricted Driving Privileges. If your BAC is more than 0.20%, you will likewise be imprisoned for at least 10 days.

The second offense carries a minimum fine of $500, a license suspension of three years and a correctional facility term of up to a year (with at least 20 days if the second offense is within five years of the first and 10 days if within 10 years). The sentencing court may give you Restricted Driving Privileges after a year if your conviction is inside five years and after four months if it is five to ten years after the first conviction.

The third offense or three offenses in ten years is dealt with as a Class 6 Felony and will bring about imprisonment for no less than a half year if the offense is inside five years of the past one and three months if it is five to ten years after the last such conviction. You are not qualified for bail if you have at least two offenses. There is additionally a minimum fine of $1000 and forfeiture of the vehicle if you are its only owner. You are likewise at risk to lose your driving privilege permanently.

The fourth or subsequent offense results in an obligatory minimum correctional facility sentence of one year in addition to other punishments.