Virginia DUI Laws: 2025 DUI Charges Guide

Getting Started

If you’re charged with a DUI in Virginia, you face a serious offense with potentially life-altering consequences. This guide provides general information about Virginia’s DUI laws, procedures, and requirements, but it is not legal advice. For personalized guidance specific to your case, consult with a qualified DUI attorney.

Definitions to Know

Virginia Department of Motor Vehicles (DMV)

The Virginia Department of Motor Vehicles (DMV) plays a critical role in DUI cases. The DMV handles administrative license suspensions, restricted license applications, and monitors compliance with FR-44 insurance requirements. They also oversee the restoration of driving privileges after suspension periods and work with the courts to maintain driving records.

Steps to Take After DUI Arrest in Virginia

1. Hire an Attorney

   Legal counsel can help navigate both administrative and criminal processes.

2. License Suspension

   Your license will be automatically suspended for 7 days if your BAC is 0.08% or higher.

3. Request an court review of your suspension

   While there is no deadline to dispute your suspension, it may help to act quickly.

4. Apply for a Restricted License

   If eligible, you may apply for limited driving privileges by installing an IID.

5. Install an IID

   Required for all DUI convictions with a BAC of 0.08% or higher.
   Explore IIDs

6. File an FR-44 Form

   You may be required to file an FR-44 with the Virginia DMV to provide proof of insurance coverage to reinstate or maintain driving privileges.

7. Complete DUI Education Program

   All people convicted of DUI must complete the Virginia Alcohol Safety Action Program.

8. Pay Fines and Fees

   You’ll need to pay court fines (minimum $250 for first offense) plus other fees.

9. Attend Court Proceedings

   Your case will proceed through criminal court independently from administrative actions.

10. Probation

    Probation terms may include regular check-ins and abstaining from alcohol or drugs.

11. Avoid Further Violations

    Any new violations while on probation or using a restricted license can result in more severe penalties.

DUI Laws in Virginia

What Are the Legal Driving Alcohol Limits in Virginia?

In Virginia, it’s illegal to drive if you’re under the influence of alcohol, drugs, or both. The law sets clear blood alcohol concentration (BAC) limits based on your age and license type. Police often use a breathalyzer to quickly check your Breath Alcohol Concentration (BrAC).

Felony vs Misdemeanor DUI Charges

In Virginia, most first and second DUI offenses are classified as misdemeanors. However, a third or subsequent DUI offense within a 10-year period is classified as a Class 6 felony. Additionally, a DUI that results in serious injury or death to another person may be charged as involuntary manslaughter, a felony offense.

Misdemeanor DUI penalties include fines up to $500, jail time up to 12 months, license suspension, and mandatory VASAP completion.

Felony DUI penalties include up to 1 years in prison, extended license revocation (indefinite for third offense), substantial fines, and mandatory IID installation upon license reinstatement. Additionally, your vehicle could be seized or forfeited.

What Are Drunk Driving Diversion Programs in Virginia?

Virginia does not offer traditional “diversion programs” that allow DUI charges to be dismissed. All DUI convictions in Virginia require completion of the Virginia Alcohol Safety Action Program (VASAP). While not a diversion program, VASAP provides education and treatment to prevent future offenses. Drivers with a first-time DUI conviction with a BAC below 0.15% may be eligible for a restricted license during suspension period if you install an IID.

Refusing a Chemical Test Under Virginia DUI Law

Virginia operates under “implied consent” law, so if you drive on Virginia roads, you implicitly agree to submit to chemical testing if suspected of DUI. Refusing a test has serious consequences separate from a DUI charge.

DUI Penalties & Consequences

Penalties for DUI Offenses in Virginia

Penalties for DUIs in Virginia become progressively severe with each conviction:

Aggravating Factors That Increase Virginia DUI Penalties

In Virginia, these aggravating factors lead to elevated criminal charges, harsher fines, longer jail or prison time, extended license suspensions, and additional requirements:

• High BAC Levels: BAC of 0.15-0.20% adds mandatory 5 days in jail; BAC over 0.20% adds mandatory 10 days.
• Child in vehicle: Additional $500-$1,000 fine and 5 days of mandatory jail time if a passenger is under 17 years old.
• Causing injury or death: Can result in felony charges, including involuntary manslaughter.
• Multiple offenses: Each additional offense within 10 years substantially increases penalties.
• Driving on a suspended license: Adds additional charges and penalties.
• Refusal to submit to testing: Results in additional civil or criminal penalties.

Driving Without a Valid License

Driving during a DUI-related license suspension is a serious offense in Virginia. It’s classified as a Class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $2,500. Additionally, if caught driving without a valid license due to a DUI suspension, you may face an additional suspension period, and it may negatively impact your chances of getting a restricted license or reinstating your full license in the future. The courts and DMV take these violations extremely seriously, and any goodwill you may have built in your DUI case could be undone.

License Suspension

Who Determines if You Can Continue Driving After a DUI 

In Virginia, both the DMV and the courts have roles in determining driving privileges after a DUI. The DMV handles administrative license suspensions, which occur automatically when you’re arrested with a BAC of 0.08% or higher (7-day suspension) or when you refuse a chemical test (1-year suspension). The court imposes a judicial license suspension upon conviction, which can range from 1 year to indefinite revocation depending on prior offenses.

How Long Will Your License Be Suspended?

Getting your license suspended in Virginia means you are no longer allowed to drive a vehicle, unless you obtain a restricted license during your suspension. Here’s how long your regular license may be suspended for a DUI in Virginia:

Steps to Reinstate Your License

1. Serve suspension period fully.
2. Pay reinstatement fees ($220 for DUI offense).
3. Provide proof of insurance via FR-44 form for 3 years if required in your case.
4. Complete required VASAP program.
5. Install an IID if mandated by court (required for all offenses with BAC of 0.08% or higher).
6. Submit reinstatement application to the DMV.

How to Apply for a Restricted Driver’s License

1. Provide documentation to justify why you need a temporary license.
2. Enroll in VASAP program.
3. Install an IID on your vehicles (all vehicles you will drive).
4. Show proof of FR-44 insurance certificate filing, if required in your case
5. Complete DMV Form VASAP (Virginia Alcohol Safety Action Program) enrollment confirmation.
6. Pay applicable fees.
7. Appear before the court to request restricted privileges.
8. Specify the allowable purposes for your restricted driving (work, education, medical, etc.).
9. If approved, take the court order to the DMV to receive your restricted license.

Virginia Ignition Interlock Device (IID) Requirements

Virginia requires ignition interlock devices for all DUI convictions with a BAC of 0.08% or higher. For first-time offenses, the IID must be installed for at least 6months. For drivers with repeat convictions, the requirement extends to at least 12 months.

To comply with Virginia’s IID requirements:

1. Select from an approved Virginia IID vendor.
2. Have the device installed at an authorized service center.
3. Pay for installation and monthly monitoring fees.
4. Return for regular calibration (typically every 30 days).
5. Avoid tampering with the device, which is a criminal offense.
6. Understand that failed tests will be reported to VASAP.

Selecting the right ignition interlock provider can make a world of difference.

Find an Interlock Provider Near You

FR-44 Insurance Requirements

FR-44 insurance is a specific type of certification often required for drivers convicted of a DUI or other serious offenses in Virginia. The FR-44 is filed by your insurance company with the Virginia DMV to prove you have the minimum required liability auto insurance coverage. The FR-44 form, often confused with the SR-22, is more stringent in its requirements, reflecting the severity of the offenses it is associated with.

Key facts about Virginia FR-44 requirements:

1. Minimum liability insurance requirements are $100,000 for bodily injury per person, $200,000 per accident, and $50,000 for property damage.
2. You must maintain continuous coverage for 3 years; any lapse will result in license suspension.
3. Your insurance premiums will likely increase significantly after a DUI.
4. Not all insurance companies offer FR-44 filings; you may need to switch to a provider like Breathe Easy Insurance Solutions.
5. The FR-44 filing fee is typically $15-$50, but the insurance premium increase is the larger expense.

Let us help connect you to the right licensed insurance specialist for you.

Explore SR-22 Insurance Requirements

Substance Abuse Evaluation and Treatment

Everyone convicted of DUI in Virginia must complete the Virginia Alcohol Safety Action Program (VASAP). Upon enrollment, you’ll undergo an evaluation to determine the appropriate level of intervention needed.

VASAP generally includes:

1. Initial substance abuse evaluation.
2. Education program (typically 10 weeks of classes).
3. Treatment referrals if deemed necessary from the evaluation.
4. Regular monitoring throughout your probationary period.
5. Compliance reporting to the court.

The cost of VASAP varies by location but typically ranges from $300-$500. You must complete all VASAP requirements to reinstate your driving privileges and satisfy court orders.

Understand what to expect and how to prepare for a substance abuse evaluation.

Read Our Guide on Alcohol Assessments

FAQs About DUIs in Virginia

Sources

1. Virginia Department of Motor Vehicles. (n.d.). Virginia DUI/DWI laws [PDF]. https://www.dmv.virginia.gov/sites/default/files/forms/dmv168.pdf
2. Virginia Department of Motor Vehicles. (n.d.). Drinking and driving. https://www.dmv.virginia.gov/safety/programs/drinking/drinking-driving
3. FindLaw. (n.d.). Virginia DUI laws. https://www.findlaw.com/state/virginia-law/virginia-dui-laws.html
4. National College for DUI Defense. (n.d.). Virginia DWI laws. https://www.ncdd.com/virginia-dwi-laws
5. Code of Virginia. (n.d.). § 18.2-270.1. Ignition interlock systems; penalty. https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270.1/
6. Virginia Department of Motor Vehicles. (n.d.). Insurance certifications. https://www.dmv.virginia.gov/businesses/insurance/certifications Virginia Alcohol Safety Action Program. (n.d.). ASAP services and locations. https://vasap.virginia.gov/asap-services-and-locations