Virginia lawDuiHomicide

DUI Penalties in Virginia

September 28, 2026 · LawDiver Research Team

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21. A first offense: First-offense DUI is typically a Class 1 misdemeanor with fines, possible jail, license suspension, VASAP, and ignition-interlock requirements. Felony threshold: A third DUI within 10 years remains a misdemeanor but with lengthy mandatory jail; felony DUI tracks include subsequent offenses with priors and DUI maiming/homicide. That is what separates Virginia DUI penalties from a generic national summary. Read Va. Code Ann. § 18.2-266 before the background sections below. Lookback: Prior DUI convictions within 10 years enhance; a third DUI within 10 years carries mandatory jail.. Ignition interlock: Ignition interlock is required for most DUI offenders as a condition of a restricted license.

Lookback window for prior offenses

Prior DUI convictions within 10 years enhance; a third DUI within 10 years carries mandatory jail.

First-offense penalties

First-offense DUI is typically a Class 1 misdemeanor with fines, possible jail, license suspension, VASAP, and ignition-interlock requirements.

When a Virginia DUI becomes a felony

A third DUI within 10 years remains a misdemeanor but with lengthy mandatory jail; felony DUI tracks include subsequent offenses with priors and DUI maiming/homicide.

A concrete Virginia scenario

Here is one way the Virginia pieces fit together. Change any fact and the statute may point somewhere else.

A driver in Virginia is charged with a first impaired-driving offense and wants to know what the statute actually sets.

Start with the alcohol limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Read the first-offense range: First-offense DUI is typically a Class 1 misdemeanor with fines, possible jail, license suspension, VASAP, and ignition-interlock requirements.
Ask when the charge becomes a felony: A third DUI within 10 years remains a misdemeanor but with lengthy mandatory jail; felony DUI tracks include subsequent offenses with priors and DUI maiming/homicide. Lookback: Prior DUI convictions within 10 years enhance; a third DUI within 10 years carries mandatory jail.
Interlock: Ignition interlock is required for most DUI offenders as a condition of a restricted license.

Virginia DUI under § 18.2-266 proceeds in general district or circuit court with parallel DMV administrative actions. Defense reviews the stop and Intoximeter / blood record.

Ignition interlock and license consequences

Ignition interlock is required for most DUI offenders as a condition of a restricted license.

How a typical Virginia DUI case unfolds

Virginia DUI under § 18.2-266 proceeds in general district or circuit court with parallel DMV administrative actions. Defense reviews the stop and Intoximeter / blood record.

Case law: DUI penalties in Virginia

Michael Rashe DAVIS v. COMMONWEALTH of Virginia

Michael Rashe DAVIS v. COMMONWEALTH of Virginia, 57 Va. App. 446 (2011)

…2009, appellant was convicted in general district court of driving under the influence, in violation of Code § 18.2-266. Immediately after his conviction, appellant was served with an indictment, returned by the grand jury on April 6, 2009, charging him with aggravated involuntary manslaughter, in violation of Code § 18.2-36.1(B). Appellant filed a motion to dismiss the indict…

On DUI penalties, Michael Rashe DAVIS v. COMMONWEALTH of Virginia speaks to the Virginia dispute in this passage: "Code § 18.2-266. Immediately after his conviction, appellant was served with an indictment, returned by the grand jury on April 6, 2009, charging him with aggravated involuntary manslaughter, in violation of Code § 18.2-36.1(B)." The surrounding opinion shows how the court applied that language to the record.

Brenda Breeden v. Commonwealth of Virginia

Brenda Breeden v. Commonwealth of Virginia, 15 Va. App. 148 (1992)

…. Brenda Breeden, appellant, appeals from her conviction of driving under the influence of alcohol in violation of Code § 18.2-266(ii). She contends that she should not have been convicted of the charge because the Commonwealth denied her the right to a blood test without showing that a blood test was unavailable. We find that her right to a blood test was denied when she was r…

Brenda Breeden v. Commonwealth of Virginia is worth reading on Virginia DUI penalties because the court put the point in its own words: "Brenda Breeden, appellant, appeals from her conviction of driving under the influence of alcohol in violation of Code § 18.2-266(ii)." Use that passage as the starting point, then read the facts that precede it.

Kenneth G. Hoambrecker v. City of Lynchburg

Kenneth G. Hoambrecker v. City of Lynchburg, 13 Va. App. 511 (1992)

…sufficient evidence supports the appellant’s conviction of driving under the influence of alcohol in violation of the Lynchburg city ordinance. Early one morning, Officer Stapleton of the Lynchburg City Police Department was at a gas station located within the city limits of Lynchburg. He received a call at around 1:00 a.m. referring him to a vehicle in Lynchburg heading towar…

On DUI penalties, Kenneth G. Hoambrecker v. City of Lynchburg speaks to the Virginia dispute in this passage: "Lynchburg city ordinance. Early one morning, Officer Stapleton of the Lynchburg City Police Department was at a gas station located within the city limits of Lynchburg. He received a call at around 1:00 a.m." The surrounding opinion shows how the court applied that language to the record.

Sean Patrick WOLFE v. COMMONWEALTH of Virginia

Sean Patrick WOLFE v. COMMONWEALTH of Virginia, 67 Va. App. 97 (2016)

…was .182%, Deputy Iverson placed appellant under arrest for driving under the influence of alcohol and transported him to the Adult Detention Center. *101 Once there, Deputy Iverson attempted to administer a breath test to appellant. He advised appellant that during a twenty-minute observation period prior to the test, appellant was not permitted to belch, burp, vomit or regurg…

On DUI penalties, Sean Patrick WOLFE v. COMMONWEALTH of Virginia speaks to the Virginia dispute in this passage: "Deputy Iverson placed appellant under arrest for driving under the influence of alcohol and transported him to the Adult Detention Center. *101 Once there, Deputy Iverson attempted to administer a breath test to appellant." The surrounding opinion shows how the court applied that language to the record.

Philip Wohlford v. Commonwealth of Virginia

Philip Wohlford v. Commonwealth of Virginia, 3 Va. App. 467 (1986)

…n KOONTZ, C.J. Philip Wohlford (appellant) was convicted of driving under the influence of alcohol and raises two issues on appeal. First, he contends that his conviction should be reversed because the arresting officer failed to comply with the provisions of Code § 18.2-267. Second, he contends that the evidence was insufficient to support the conviction. Finding no reversible…

On DUI penalties, Philip Wohlford v. Commonwealth of Virginia speaks to the Virginia dispute in this passage: "KOONTZ, C.J. Philip Wohlford (appellant) was convicted of driving under the influence of alcohol and raises two issues on appeal. First, he contends that his conviction should be reversed because the arresting officer failed to comply with the provisions of Code § 18.2-267." The surrounding opinion shows how the court applied that language to the record.

Franklin Eugene HALL v. COMMONWEALTH of Virginia

Franklin Eugene HALL v. COMMONWEALTH of Virginia, 32 Va. App. 616 (2000)

…pellant was previously convicted of an unrelated offense of driving under the influence; (3) denying his motion to strike the evidence; and (4) refusing appellant’s jury instruction on causation. A divided panel of this Court reversed appellant’s conviction and remanded the case for a new trial. See Hall v. Commonwealth, Record No. 1280-984, 1999 WL 1133268, September 28, 1999.…

Practitioners open Franklin Eugene HALL v. COMMONWEALTH of Virginia when Virginia DUI penalties turns on the distinction in this sentence: "A divided panel of this Court reversed appellant’s conviction and remanded the case for a new trial. See Hall v. Commonwealth, Record No. 1280-984, 1999 WL 1133268, September 28, 1999." Do not lift it out of the facts the court was deciding.

Key takeaways

BAC limits: 0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21
Lookback period: Prior DUI convictions within 10 years enhance; a third DUI within 10 years carries mandatory jail.
First-offense range: First-offense DUI is typically a Class 1 misdemeanor with fines, possible jail, license suspension, VASAP, and ignition-interlock requirements.
Felony threshold: A third DUI within 10 years remains a misdemeanor but with lengthy mandatory jail; felony DUI tracks include subsequent offenses with priors and DUI maiming/homicide.
Ignition interlock: Ignition interlock is required for most DUI offenders as a condition of a restricted license.
Primary authority: Va. Code Ann. § 18.2-266.

Blood alcohol limits in Virginia

0.08% for adults; 0.04% for commercial drivers; zero-tolerance for drivers under 21

Frequently asked questions

What is the legal BAC limit in Virginia?