All DUI convictions in Virginia are accompanied by serious consequences. License suspensions, fines, and jail time are possible in many cases.

Consequences of DUI 1st

• Maximum fine of $2,500 and 1 year in jail
• Mandatory minimum fine of $250
• If BAC .15 or greater but not greater than .20 = 5 days in jail
• Greater than .20 = 10 days in jail
• 7 day administrative license suspension
• 12 month license suspension by the court
• Ignition interlock required § 18.2-270.1

Consequences of DUI 2nd Within 5 Years

• Maximum fine of $2,500 fine
• $500 minimum fine
• 20 day mandatory minimum jail sentence
• Additional 10 day jail sentence if BAC greater than or equal to .15
• Additional 20 day jail sentence if BAC greater than .20
• Restricted license eligible after 1 year § 18.2-271.1(E)
• Iginition interlock required for 6 months to 3 years
• License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 2nd Within 5-10 years

• Maximum fine $2,500
• $500 minimum fine
• Jail sentence of 1 month to 1 year, 10 days mandatory minimum
• Additional 10 day jail sentence if BAC greater than or equal to .15
• Additional 20 day jail sentence if BAC greater than .20
• Eligible for restricted license after 4 months
• Ignition interlock required for 6 months to 3 years
• License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 3rd Within 5 years

• Class 6 felony conviction
• 1-5 years in prison or
• Up to 1 year in jail plus $2500 fine
• 1000 mandatory minimum fine
• 6 month mandatory minimum jail sentence
• May petition the court for a restricted license 3 years after date of conviction. Limited to driving to and from work and in course of employment
• Ignition interlock required at least 6 months upon restoration of license or with a restricted license during time of suspension
• License suspended indefinitely but may petition after 5 years
• Vehicle forfeiture
• License suspension for 3 years by DMV § 46.2-391(A)

Consequences of DUI 3rd Within 10 years

• Class 6 felony conviction
• $1000 fine
• 90 day mandatory minimum jail time
• Not eligible for restricted license
• May petition for restricted license 3 years after date of conviction. Limited to driving to and from work and in course of employment
• Ignition interlock required at least 6 months upon restoration of license or with a restricted license during time of suspension
• License suspended indefinitely but may petition after 5 years
• Vehicle forfeiture

Permanent Criminal record

• Permanent criminal record
• Not eligible for expungement in VA

Administrative License Suspension

• Administrative suspension § 46.2-391.2
  
  • 1^st DUI = 7 day suspension
  • 2^nd DUI = 60 day suspension or suspended until trial, whichever is sooner
  • DUI 3^rd license suspended until trial
• Must attend VASAP course to be eligible for a restricted license
• Must enroll with VASAP within 15 days of conviction date