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State Laws - Virginia

Situation Imprisonment License Suspension Refusing BAC Test from Police Fines Ignition Interlock Device Required
1st Offense Min. 5 days 1 year 1 year license suspension Minimum $250 Yes (if BAC is .15 or above)
2nd Offense 20 days to 1 year 3 year 3 year license suspension (if prior refusal occurred within 10 years) Minimum $500 Yes
3rd Offense Minimum 6 months Indefinitely 3 year license suspension (if prior refusal occurred within 10 years) Minimum $1,000 Yes


Category Illegal When
Under 21 BAC of 0.02% or higher
21 or older BAC of 0.08% or higher
Commercial BAC of 0.04% or higher


* In the state of Virginia, the court or DMV will require the installation of an ignition interlock device from a state approved vendor in the case where one operates any vehicles with a restricted driver’s license condition if:

  • It is the 1st committed DUI offense.

One will be required by the court to install an ignition interlock device in any vehicle that he or she owns/co-owns/operates as part of a restricted driver’s license condition and for restoration of driving privileges if:

  • It is the 2nd committed DUI offense within 10 years.
  • It is the 3rd and subsequent committed DUI offense in 10 years.

The DMV will impose a mandatory installation of an ignition interlock device in any vehicle that one owns/co-owns/operates as part of a restricted driver’s license condition and for the restoration of driving privileges if:

  • It is the 2nd committed DUI offense within 10 years.
  • It is the 3rd and subsequent committed DUI offense within 10 years.
  • There are 3 separate committed DUI offenses in 10 year.

In addition, if one has been convicted of a DUI:

  • Will need to pay fines that will vary depending on the number of previous DUI offenses.
  • Will be required to serve jail time that varies depending on the number of previous DUI offenses.
  • Driver’s license will be revoked.
  • Will be required to report to an Alcohol Safety Action Program in their local area.
  • Vehicles driven at the time of the DUI offense will be impounded or immobilized for 90 days if one has been caught driving after the driver’s license suspension for a DUI.
  • Depending on local regulations, one may be subject to restitution for up to $1,000.

* Note the following information only applies for drivers over the age of 21.

For more information, please contact the Virginia Department of Motor Vehicles.

Disclaimer: While we try to keep information up to date and relevant on our website, we recognize that there are other factors that can affect the way laws will apply to individual cases. Always consult with your attorney, local courts, judges and district attorneys for all relevant legal information.


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