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Virginia DUI penalties breakdown: every component, line by line
Our Virginia DUI costs page gives the state overview. This page does the narrower job: it prices each component of § 18.2-270 for a first, second and third conviction, the administrative suspension that starts at arrest under § 46.2-391.2, the VASAP and interlock conditions, and the DMV reinstatement fee in § 18.2-271.1 — with no added-up total.
The criminal sentence: § 18.2-270 sets the fine floor, not just the ceiling
A first conviction under § 18.2-266 is a Class 1 misdemeanour under § 18.2-270, punishable by up to twelve months in jail and a fine of up to $2,500 — but Virginia is unusual in setting a mandatory minimum fine of $250, so the fine range a first offender actually faces is $250 to $2,500 before court costs. No mandatory jail applies to a standard first offence below 0.15, but the statute adds mandatory active jail by concentration: five additional days where the concentration was 0.15 to 0.20, and ten additional days at 0.20 or higher. Alongside the sentence, § 18.2-271 suspends the license for one year, and every convicted driver must enrol in and complete the Virginia Alcohol Safety Action Program (VASAP) under § 18.2-271.1 — a programme requirement whose enrolment and service charges are set by the local ASAP, not printed in the Code.
A second conviction within ten years stays a Class 1 misdemeanour but hardens: a mandatory minimum fine of $500, a mandatory minimum jail term of ten days — twenty days where the second offence falls within five years of the first — and a three-year license suspension, with no restricted license during the first four months of a suspension for a second offence inside ten years, or the first year where it falls inside five years. A third conviction within ten years is a Class 6 felony: a mandatory minimum fine of $1,000, a mandatory minimum of ninety days — six months where the third falls within five years of an earlier offence — and indefinite revocation, with a petition for restoration possible only after years have run. Drivers who drive on a restricted license must do so on an ignition interlock: § 18.2-270.1 requires interlock on a restricted license for a first offender, for at least six months, and a second offender carries a minimum twelve-month interlock requirement whether or not a restricted license is sought.
The arrest-side suspension, refusal, and getting the license back
Virginia runs an administrative suspension before any conviction. Under § 46.2-391.2 the license is suspended automatically on arrest — seven days for a first offence — and the suspension lengthens sharply on later arrests. Refusing a breath or blood test is its own civil offence: a first refusal brings a one-year suspension of the privilege to drive under § 46.2-391.2, separate from and in addition to anything the criminal court imposes, and a later refusal within ten years carries criminal exposure as well. Our refusal page sets out how refusal suspensions compare across states.
Reinstatement is a DMV transaction with a statutorily divided fee. Section 18.2-271.1 fixes the reinstatement fee for a DUI suspension at $105, split by the statute itself: $40 retained by the Department of Motor Vehicles, $40 transferred to the Commission on VASAP, and $25 to the Commonwealth Neurotrauma Initiative Trust Fund. Reinstatement also requires completion of VASAP, satisfaction of the interlock condition, and an FR-44 financial-responsibility filing maintained for three years — Virginia uses the FR-44, at double minimum liability limits, rather than the SR-22 most states use; the filing is made by the insurer and the Code sets no state filing fee for it. Our reinstatement page, interlock page and SR-22 and FR-44 page cover those components in detail.
| DUI component | Published amount |
|---|---|
| First offence (§ 18.2-270) | Fine $250–$2,500 ($250 mandatory minimum); up to 12 months jail; Class 1 misdemeanour |
| First offence at 0.15–0.20 (§ 18.2-270) | Additional mandatory minimum 5 days active jail |
| First offence at 0.20+ (§ 18.2-270) | Additional mandatory minimum 10 days active jail |
| Second in 10 years (§ 18.2-270) | Fine from $500 mandatory minimum; mandatory 10 days (20 days if within 5 years); 3-year suspension |
| Third in 10 years (§ 18.2-270) | Class 6 felony; fine from $1,000 mandatory minimum; mandatory 90 days (6 months if within 5 years); indefinite revocation |
| Administrative suspension at arrest (§ 46.2-391.2) | 7 days, first offence |
| Test refusal, first (§ 46.2-391.2) | 1-year civil suspension, additional to the criminal sentence |
| Interlock (§ 18.2-270.1) | Required on restricted license; at least 6 months first offence; minimum 12 months second offence |
| DMV reinstatement fee (§ 18.2-271.1) | $105 ($40 DMV / $40 VASAP / $25 Neurotrauma Trust Fund); FR-44 filing for 3 years |
Sources: Code of Virginia §§ 18.2-266, 18.2-270, 18.2-271, 18.2-271.1, 18.2-270.1, 46.2-391.2; Virginia Department of Motor Vehicles reinstatement requirements. Last verified: October 2026.
The fine is one line in a longer stack — court costs, program fees, interlock, supervision and reinstatement all bill separately. Price the layers that apply to your case in the calculator.
Open the DUI cost calculatorWhat this state does not publish as a single figure
Virginia court costs are assessed in the convicting court and vary by court and county, and VASAP enrolment and monitoring charges are set by the local Alcohol Safety Action Program rather than published in the Code — which is why this page prints the § 18.2-270 fine ranges, the mandatory jail terms and the $105 reinstatement fee fixed by § 18.2-271.1, and describes VASAP, evaluation and treatment as requirements instead of pricing them as state charges. The interlock is leased from a DMV-approved vendor at the vendor's rates.
There is no published Virginia figure for the effect of a DUI on the price of insuring a car, and none is estimated here; the state's interest in insurance is the FR-44 filing discussed above. A third Virginia DUI inside ten years is a felony with prison exposure under the Class 6 felony range, and is deliberately not blended into the misdemeanour figures above.
Common questions
- Why does the Virginia fine start at $250 instead of zero?
- Because § 18.2-270 sets a mandatory minimum fine of $250 on a first conviction — the judge may set the fine anywhere from $250 to $2,500, but may not go below the floor. Second and third convictions raise the floor to $500 and $1,000.
- How long is the interlock required in Virginia?
- At least six months on a first offender’s restricted license under § 18.2-270.1, and a minimum of twelve months for a second offender, whether or not the driver takes a restricted license.
- What does reinstatement itself cost at the DMV?
- The fee fixed by § 18.2-271.1 is $105, divided by statute between the DMV, the VASAP Commission and the Neurotrauma Trust Fund — on top of VASAP completion, the interlock condition and a three-year FR-44 filing.
Related cost guides: Virginia DUI costs overview, second-offense DUI costs, ignition interlock costs, license reinstatement fees, DUI refusal costs.
Sources: Code of Virginia §§ 18.2-266, 18.2-270, 18.2-271, 18.2-271.1, 18.2-270.1, 46.2-391.2; Virginia Department of Motor Vehicles reinstatement requirements. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.