A first DUI conviction in Virginia carries mandatory minimum penalties that start when ready

If you are arrested for driving under the influence in Virginia, a first offense means you have no prior DUI convictions in the past ten years. Virginia law treats this as a criminal misdemeanor, not a traffic ticket. You will face jail time, a fine, a license suspension, and mandatory programs — all of which begin whether you plead guilty, go to trial, or reach a plea agreement.

The penalties are set by statute, which means the judge has limited room to reduce them. Understanding what the law requires, what happens at each stage of the process, and what your options are will help you prepare for what comes next.

Key Takeaways

  • A first DUI in Virginia is a Class 1 misdemeanor with mandatory minimum jail time of five days, a fine of at least $250, and a one-year license suspension.
  • You must complete an alcohol safety action program (ASAP) before your license can be restored, and you cannot get a restricted license until you have completed it.
  • The arrest itself triggers an administrative license suspension separate from any court conviction, and you have only ten days to request a hearing to challenge it.
  • You will need to appear in court, and the prosecutor must prove you were driving with a blood alcohol content of 0.08 or higher, or that you were impaired.
  • A conviction stays on your criminal record permanently and affects employment, housing, and professional licensing in Virginia.

Mandatory penalties for a first DUI conviction

Virginia Code § 18.2-266 sets the penalties for a first offense. You face a minimum of five days in jail (up to twelve months), a fine of at least $250 (up to $2,500), and a mandatory one-year license suspension. These are not recommendations — they are the floor, and the judge cannot go below them.

In addition to jail and fines, you must complete an Alcohol Safety Action Program (ASAP), which is a state-certified educational and treatment program. This program costs money (typically $300 to $500) and takes several weeks. You cannot get your license back until you finish it and provide proof to the Virginia Department of Motor Vehicles.

You will also be required to install an ignition interlock device on any vehicle you drive. This device measures your breath alcohol before the engine will start. The cost runs $60 to $100 per month, and you must maintain it for a period set by the court — often the full year of suspension or longer.

The administrative license suspension that happens when ready

When you are arrested for DUI in Virginia, the officer will take your physical driver's license and give you a paper notice. This triggers an administrative license suspension that is separate from any court case. Your license is suspended for seven days automatically, then for an additional period if you do not request a hearing.

You have exactly ten days from the date of arrest to request a hearing before the Department of Motor Vehicles to challenge the suspension. If you do not request a hearing within ten days, your license is suspended for one year. If you do request a hearing, the DMV will hold it within about 30 days, and you can present evidence that the stop or arrest was improper.

This suspension happens whether you are convicted in court or not. Even if the criminal case is dismissed, the administrative suspension can still stand. Many people do not realize this is a separate process with its own important date.

What the court process looks like

Your first court appearance is called an arraignment. You will be told the charges, your rights, and the penalties. You can enter a plea of guilty, not guilty, or no contest. Most people do not plead guilty at arraignment — instead, they request a trial date or ask for time to speak with a lawyer.

If you go to trial, the prosecutor must prove beyond a reasonable doubt that you were driving with a blood alcohol content of 0.08 or higher, or that you were impaired by alcohol or drugs. The evidence usually includes the officer's observations (how you drove, how you looked and spoke, how you performed field sobriety tests), a breath or blood test result, and sometimes video from the officer's body camera or dashcam.

If you are convicted after trial or if you plead guilty or no contest, the judge will impose the mandatory minimum penalties listed above. The judge can impose more than the minimum (more jail time, a higher fine, a longer license suspension) but cannot impose less.

Restricted license options while your license is suspended

Virginia allows you to request a restricted license after you have completed your ASAP program, but only for essential purposes: work, school, medical appointments, and court-ordered programs. You cannot use it for social driving or errands.

To get a restricted license, you must go to your local DMV office with proof that you completed ASAP, proof of insurance, and a completed process. The restricted license is valid for the remainder of your suspension period. If you are caught driving outside the restricted purposes, you face additional criminal charges.

Some people are denied a restricted license if they have prior traffic violations or if the court specifically prohibited one as part of sentencing. Check with the court that handled your case before you go to the DMV.

How a DUI conviction affects your record and future

A DUI conviction in Virginia is a permanent criminal record. It does not disappear after a certain number of years, and you cannot have it removed or sealed unless the conviction is later overturned on appeal. This record will show up on background checks for employment, housing, professional licenses, and security clearances.

Many employers, landlords, and licensing boards treat a DUI as a serious matter. Some professions — nursing, law, teaching, commercial driving — have specific rules about DUI convictions and may deny you a license or job. If you are not a U.S. citizen, a DUI conviction can trigger immigration consequences, including deportation proceedings.

Insurance companies will also see the conviction and will likely raise your rates significantly or drop you entirely. You may be required to carry SR-22 insurance (proof of financial responsibility) for three years after the conviction, which is more expensive than standard coverage.

Options if you believe the arrest was improper

You have the right to challenge the arrest and the evidence against you. Common defenses include that the officer did not have reasonable suspicion to stop your vehicle, that the field sobriety tests were administered incorrectly, that the breath or blood test was not properly calibrated or maintained, or that your blood alcohol was actually below 0.08.

To pursue these defenses, you will need to request discovery (the police reports, test results, and any video) and file motions to suppress evidence if it was obtained improperly. This process requires knowledge of Virginia criminal procedure and evidence rules. Many people hire a criminal defense attorney to handle this, though you have the right to represent yourself.

If you cannot afford an attorney, you can request a public defender at your arraignment. The judge will ask about your income and assets to determine whether you may have access to.

Frequently Asked Questions

Can I get my license back before the one-year suspension is over?

Only with a restricted license, and only after you complete your ASAP program. A restricted license lets you drive to work, school, medical appointments, and court-ordered programs, but not for any other reason. You must explore at the DMV with proof of ASAP completion.

What if I refused the breath or blood test?

Virginia has an implied consent law, which means that by driving on Virginia roads, you consent to a breath or blood test. Refusing the test is a separate offense with its own penalties, and the refusal itself can be used as evidence against you in court. A refusal does not prevent prosecution for DUI.

Will a DUI show up on a background check for a job?

Yes. A DUI conviction is a permanent criminal record in Virginia and will appear on any background check that includes criminal history. Some employers will not hire someone with a DUI, while others may consider it depending on the job and how much time has passed.

Can I get the conviction removed from my record?

Not in Virginia. A DUI conviction cannot be expunged or sealed unless the conviction is overturned on appeal or the case is dismissed. It will remain on your criminal record permanently.

What happens if I get another DUI within ten years?

A second DUI within ten years is a Class 1 misdemeanor with mandatory minimum jail time of 20 days, a fine of at least $500, and a three-year license suspension. The penalties increase significantly with each subsequent offense.