DUI Laws in Virginia

DUI Laws in Virginia

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In the state of Virginia, an individual can be charged with a DUI if he/she is found operating a vehicle while being intoxicated under the influence of either alcohol or drugs.

The DUI Law in Virginia prohibits drivers to be in control of the vehicle under the following circumstances:

  1. Having a BAC of .8% or higher
  2. Being under the influence of alcohol or drugs
  3. Having a BAC of .1 milligrams per litre or more of methamphetamine
  4. Having a BAC of .02 milligrams per litre or more of phencyclidine (PCP)
  5. Having a BAC of .02 milligrams per litre or more of cocaine

When is a driver considered to be legally drunk in Virginia

A driver is considered to be legally drunk in Virginia under the follow circumstances: 

    • Drivers operating a commercial vehicle: BAC is .4% or more.
    • Drivers under the age of 21: BAC is more than unit .2%
    • Non-Commercial drivers: BAC is .8% or more
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What happens when you get convicted for a DUI/DWI in Virginia?

Below are some of the consequences one might face in Virginia after getting charged with a DUI :
  • Driver’s License Suspension:

The most straightforward consequence of a DUI charge is that your driver’s license will be suspended for a certain period of time even though you haven’t been convicted–unless you take immediate legal action.

  • Jail Sentence:

The jail sentence for a DUI violation in Virginia will depend on various factors such as the seriousness of the offence committed, number of previous violations and other factors. As a first time DUI offender, the driver will face a minimum jail time of 10-365 days in jail.

  • Financial consequences:

The most excruciating part of a DUI charge is the exorbitant amount of penalties and fines one has to pay in accordance with the law. There are several other charges such as paying for a DUI school course or an alcohol treatment program which is mandatory for certain offenders. Additionally, the car you drove while being arrested might also be impounded by the authorities and you may also be required to pay a certain amount for each day it stays in the impound lot. License reinstatement comes with its own fee. And most importantly, having a DUI charge on your driving record will raise the rates of your auto insurance premium. 

What happens when you get convicted for a DUI/DWI in Virginia?

Penalties for a DWI conviction in Virginia

Offence Count 1st Offence 2nd Offence3rd Offence
License Suspension365 Days3 yearsIndefinitely 
Jail365 Days10-365 Days90 Days-5 Years
IID Requirements6 Months Minimum6 Months Minimum6 Months Minimum
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Virginia’s Implied Consent Law

The Implied consent law in Virginia states that all drivers lawfully charged with a DUI need to submit their blood/urine sample for further investigation and on failure to do so they will have their license suspended for a certain time period.
Offence Count 1st Offence2nd Offence3rd Offence
License Suspension 1 Year3 Years 3 Years

SR22 Insurance in Virginia

SR22 is a legal document required by Virginia state’s Department of Motor Vehicles (DMV) that certifies a driver holding the minimum amount of vehicle liability insurance required to drive. An SR-22 Insurance is required to reinstate your driving license after a serious driving violation such as a DUI conviction or uninsured auto accident.

In Virginia, drivers would need an SR-22 car insurance certificate

  • When there are unsatisfied judgments against them
  • When they are caught operating motor vehicles without a valid insurance
  • When they fail to provide proof of insurance
  • When they are caught falsifying motor insurance certifications
  • When their license gets suspended after hit-and-run, vehicular manslaughter, committing perjury regarding vehicle registration or a driver’s license application
  • When they disagree for a breath test


The most suitable way to avoid getting charged with a DWI violation or having to pay hefty DWI fines is to abstain yourself from driving when you are under the influence of alcohol. But that might not necessarily happen as mistakes are bound to take place – statistics have shown more than 10,000 Virginia drivers per year get charged with a DWI violation on average.

We at SR22InsuranceNow aim to provide you with the most accurate and up to date information regarding Virginia DUI laws so that you can take the right decision if a certain situation arises.

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