Driving While Intoxicated Penalties in Virginia

First Offense No Prior Offenses Within 10 Years:

Class One Misdemeanor

• If blood alcohol level is 0.08 or greater or charged with a refusal to take a chemical test Administrative License Suspension for 7 days.
• Fine of between $250.00 and $2,500.00.
• A period of incarceration of up to 12 months in jail.  
• If blood alcohol level is at least 0.15 but not more than 0.20 a mandatory minimum period of confinement of 5 days. 
• If blood alcohol level is more than 0.20 a mandatory minimum period of confinement of 10 days. 
• License revocation for 1 year.
• Any court-ordered restitution.
• Entry into and Successful completion of the Virginia Alcohol Safety Action Program.
• Insulation of the Ignition interlock device for a minimum of 6 months.
• Possible issuance of a restricted driver's license.

Second Offense Within 10 Years Of A Prior Offense:

Class One Misdemeanor

• If blood alcohol level is 0.08 or greater or charged with a refusal to take a chemical test Administrative License Suspension for 60 days.
• Fine of between $500.00 and $2,500.00.
• A period of incarceration of up to 12 months in jail
• If second offense within less than 5 years after a prior offense, confinement in jail for not less than 1 month, 20 days of which shall be a mandatory minimum sentence.
• If second offense within a period of 5 to 10 years of a prior offense, confinement in jail for not less than 1 month, 10 days of which shall be a mandatory minimum sentence.
• If blood alcohol level is at least 0.15 but not more than 0.20 an additional mandatory minimum period of confinement of 10 days. 
• If blood alcohol level is more than 0.20 an additional mandatory minimum period of confinement of 20 days. 
• License revocation for 3 years.
• Any court-ordered restitution.
• Entry into and Successful completion of the Virginia Alcohol Safety Action Program.
• Insulation of the Ignition interlock device for a minimum of 6 months.
• Possible restricted after 1 year if second offense within less than 5 years after a prior offense. 
• Possible restricted after 4 months if second offense within a period of 5 to 10 years of a prior offense. 

Third Offense Within 10 Years Of Two Prior Offenses:

Class 6 Felony

• If blood alcohol level is 0.08 or greater or charged with a refusal to take a chemical test Administrative License Suspension until the day and time of trial.
• A mandatory minimum fine of $1000.
• A period of incarceration of up to 5 years in prison or in the desecration of the judge or jury hearing the case a jail sentence of up to 12 months and/or up to a $2,500.00 fine.
• Indefinite license revocation.
• Any court ordered restitution
• Entry into and Successful completion of the Virginia Alcohol Safety Action Program.
• The vehicle solely owned and operated by the accused during the commission of a felony driving while intoxicated shall be subject to seizure and forfeiture.
• If third offense committed within a 5 year period after two prior offense, confinement for a minimum mandatory period of 6 months. 
• If third offense committed within more than 5 years after two prior offense but no more than 10 years, confinement for a minimum mandatory period of 90 days. 

Fourth Or Subsequent Offense Within 10 Years Of Any Three Prior Offenses:

Class 6 Felony

• If blood alcohol level is 0.08 or greater or charged with a refusal to take a chemical test Administrative License Suspension until the day and time of trial.
• Mandatory minimum $1,000 fine.
• A mandatory minimum term of imprisonment of 1 year.
• Any court-ordered restitution.
• License revocation for an indefinite time period.
• Entry into and Successful completion of the Virginia Alcohol Safety Action Program.
• The vehicle solely owned and operated by the accused during the commission of a felony driving while intoxicated shall be subject to seizure and forfeiture.

Offense Committed After Previous Conviction Of Felony Dwi, Dwi Manslaughter, Or Dwi Maiming. 

• Mandatory minimum $1,000 fine.
• A period of incarceration of up to 5 years in prison or in the desecration of the judge or jury hearing the case a jail sentence of up to 12 months and/or up to a $2,500.00 fine.
• A mandatory minimum term of imprisonment of 1 year.
• Any court-ordered restitution.
• License revocation for an indefinite time period.
• Entry into and Successful completion of the Virginia Alcohol Safety Action Program.
• The vehicle solely owned and operated by the accused during the commission of a felony driving while intoxicated shall be subject to seizure and forfeiture.

Additional Penalties

Any person convicted of Driving While Intoxicated committed while transporting a person 17 years of age or younger shall be fined an additional minimum of $500.00 and not more than $1000.00 and sentenced to a mandatory minimum period of confinement of 5 days.