Virginia DWI Laws and Penalties

In Virginia, a motorist can get a DWI (also sometimes called "DUI") for driving or operating a motor vehicle:

• while "under the influence" (impaired) of drugs or alcohol
• with a blood alcohol concentration (BAC) of .08% or more, or
• with a certain blood concentration of cocaine, methamphetamine, or phencyclidine (PCP) in the body.

(Va. Code § 18.2-266 (2025).)

Virginia also has a "zero-tolerance" law that prohibits underage motorists (those younger than 21 years old) from driving with a BAC of .02% or more. (Va. Code § 18.2-266.1 (2025).)

Jail Time and Fines for DWI Convictions

The minimum and maximum jail time and fines you'll face for a DWI conviction in Virginia primarily depend on how many prior convictions you have. Here are the possible jail sentences and fines for a first, second, and third DWI conviction.

Drivers with a BAC of .15 or above will face additional mandatory minimum jail sentences of 5 to 10 days plus additional mandatory minimum fines. In Virginia, a DWI conviction will stay on your record and count as a prior conviction for 10 years. (Va. Code §§ 18.2-10, 18.2-11, 18.2-270 (2025).)

License Suspensions for a DWI

All Virginia drivers who are convicted of a DWI face license suspension. The possible suspension periods for a first, second, and third DWI are as follows.

However, most offenders will be eligible for a "restricted license" that allows them to drive to and from places like work and school during at least part of the suspension. Offenders will also likely be subject to ignition interlock restricted licenses upon license reinstatement. (Va. Code §§ 18.2-270.1, 18.2-271 (2025).)

Implied Consent Laws

Virginia has "implied consent" laws that basically say all motorists agree to take a blood or breath test if lawfully arrested for driving while intoxicated. Motorists who refuse testing generally face a license suspension of one to three years, depending on their record. (Va. Code §§ 18.2-268.2, 18.2-268.3 (2025).)

Reducing a DWI Charge

If you're charged with driving while intoxicated in Virginia, it might be possible to "plea bargain" for a lesser charge. "Wet reckless" refers to a plea deal where a DWI is reduced to a reckless driving charge.

In Virginia, a motorist who's convicted of a wet reckless—alcohol or drug-related reckless driving charge—faces up to 12 months in jail, a maximum $2,500 fine, and, possibly, having to complete an "alcohol safety program." (Va. Code §§ 18.2-11, 46.2-392, 46.2-868 (2025).)