---
title: What are the criminal penalties for drunk driving in Virginia?
description: "Driving under the influence (DUI) is a crime in Virginia, and a DUI conviction comes with legal consequences. The [sentence you receive for a DUI](https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/) will depend on numerous factors including whether you are convicted or plead guilty to a first drunk driving…"
url: "https://www.questlawoffice.com/faqs/drunk-driving-penalty-va/"
updated: "2023-01-09"
category: Criminal Defense FAQs
---

# What are the criminal penalties for drunk driving in Virginia?

Driving under the influence (DUI) is a crime in Virginia, and a DUI conviction comes with legal consequences. The [sentence you receive for a DUI](https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-270/) will depend on numerous factors including whether you are convicted or plead guilty to a first drunk driving offense or a subsequent drunk driving offense.

## Legal Penalties for a DUI

A first DUI conviction is a Class 1 [misdemeanor](https://www.questlawoffice.com/consequences-of-misdemeanor-charges-in-virginia/). The possible penalties for a first DUI conviction in Virginia include:

- A minimum fine of $250

- A minimum jail sentence of five days if the driver’s blood alcohol content (BAC) is at least 0.15 but not more than 0.20.

- A minimum jail sentence of 10 days if the driver’s BAC is more than 0.20.

If you have already been convicted of a DUI and are being sentenced for a second conviction, the possible penalties include:

- **For a second offense within five years of a previous offense**: A minimum fine of $500 and a jail sentence of not less than one month and not more than one year. Twenty days of confinement is a mandatory minimum sentence.

- **For a second offense within five to ten years of a previous offense**: A minimum fine of $500 and a jail sentence of at least one month with 10 days of confinement is a mandatory minimum sentence.

Additionally, if the driver’s BAC is at least 0.15 but not more than 0.20 at the time of the second offense, a jail term of at least 10 more days will be imposed. If the driver’s BAC is more than 0.20 at the time of the second offense, a jail term of at least 20 more days will be imposed.

A third drunk driving conviction within a 10-year period is a Class 6 felony. The jail sentence for the third conviction must include a mandatory minimum sentence of 90 days if the third conviction happens within 10 years, or a mandatory minimum sentence of six months if the third conviction happens within five years. A mandatory fine of at least $1,000 will also be imposed.

A fourth or subsequent drunk driving conviction within a 10-year period will include a mandatory minimum prison sentence of one year and a fine of at least $1,000.

Additional penalties apply if you are convicted of drunk driving with a person 17 years old or younger in the vehicle, if you are under 21 at the time of the offense, if you refuse to submit to a blood test or breathalyzer test, if you caused property damage or an injury, or if you were driving a commercial vehicle at the time of the offense.

## Make Sure You Are Treated Fairly in a DUI Case

If you’re [arrested for drunk driving](https://www.questlawoffice.com/when-traffic-offenses-are-criminal-violations-in-virginia/), it doesn’t mean you will necessarily be convicted. For an honest assessment of your DUI arrest and help with your case, please contact Quest Law PLLC via this website or by phone.