DUI 1st in Virginia

Is this your first arrest for a DUI in Virginia?

A DUI, even for a first offense, is a serious matter in Virginia. The maximum penalties are very severe and although rarely ever imposed, allow for one year in jail and a maximum fine of $2500. While those maximum penalties are uncommon, there are minimum penalties which are very commonly imposed, and which still result in active jail time and a license suspension of 12 months. This is true whether you are a resident of the Commonwealth of Virginia or are from out-of-state.

In most DUI cases the driver has never been convicted of a DUI before. This process is understandably confusing and in some cases frightening. My goal is to help you avoid these potentially serious penalties for a DUI in Virginia.

For a first DUI conviction, Virginia law requires mandatory jail time if the defendants BAC was found to be .15 or greater and the law provides for additional mandatory jail time where the drivers BAC was found to be greater than .20. The judge has no discretion to work around these mandatory punishments leading to jail time if this is evidence submitted before the court.

The maximum penalty for a DUI 1st in Virginia is $2500 but, typically, in most courts the fine is about $250 to $350, but this fine may increase in cases involving higher BAC's.

The driver can also expect to pay hundreds more dollars in costs related to probation and installation and maintenance of the required ignition interlock device.

A driver will be required to complete a VASAP course in order to get his license back

Common punishments for a DUI 1st in Virginia

  • 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

If you are facing your first DUI in Virginia please call for a free consultation about the case. Every DUI case in Virginia has options. I will work to protect you from a permanent criminal conviction, license suspension, potential job loss, and the many other potentially adverse consequences of a DUI conviction in Virginia.


  • ★★★★★

    Tom did an amazing job helping me in a pretty tight situation. He was able to clearly explain my options when I was consulting with him. After hiring him, he proceeded to help get the best possible outcome for a pretty tricky situation. Highly recommended Read On

  • ★★★★★

    Mr. Wilson showed a strong knowledge of the legal system in Charlottesville, VA. He knew the various officers of the court and what to expect from them. He was able to spent the time necessary for me to understand what to expect and what the options might be. Finally, he was able to produce the r... Read On

  • ★★★★★

    Tom was knowledgeable, easy to work with, appropriately responsive, affordable and my charges were dismissed. I highly recommend him Read On

VSB Disclaimer

Attorney Advertising. Every legal matter is different. The outcome of every case depends on numerous factors, and no attorney can guarantee a positive result in any given case.


Focused on Criminal and Traffic defense in Charlottesville and the surrounding area, including Albemarle, Orange, Greene, Louisa, Madison, Buckingham, Goochland, Nelson, and Augusta Counties.

Thomas M. Wilson, Attorney at Law 4.8 out of 5 based on 69 Reviews

Thomas M. Wilson, Attorney at Law
(434) 218-3859 (fax)
Mon: 08:30am - 05:00pm
Tue: 08:30am - 05:00pm
Wed: 08:30am - 05:00pm
Thu: 08:30am - 05:00pm
Fri: 08:30am - 05:00pm
© Copyright 2017 Thomas M. Wilson, Attorney at Law
Business Address:435 Park St.,Charlottesville,VA,22902,US |Tel: (434) 979-0308 |Email: mailto:[email protected].
Business Hours: Monday 8:30AM–5PM Tuesday 8:30AM–5PM Wednesday 8:30AM–5PM Thursday 8:30AM–5PM Friday 8:30AM–5PM Saturday Closed Sunday Closed Map URL: https://www.google.com/maps/place/Thomas+M+Wilson+Attorney+at+Law/@38.03339,-78.4787706,17z/data=!3m1!4b1!4m5!3m4!1s0x89b386280cb702a1:0xad7946d377cb42aa!8m2!3d38.03339!4d-78.4765819 Rated 4.8 / 5 based on 69 reviews. | Review Me