Virginia DUI / DWI Penalties (2026)
Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges in Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.
Educational purposes only. Not legal advice. If you are facing dui / dwi charges in Virginia, consult a licensed Virginia criminal defense attorney.
Virginia DUI / DWI Penalties
| Offense | Penalty |
|---|---|
| First Offense | Up to 12 months jail, $250–$2,500 fine, 7-month–3 year suspension |
| Second Offense | Mandatory 20 days–12 months, $500–$2,500 fine, 3-year suspension |
Virginia has mandatory minimum sentences for DUI with high BAC
DUI / DWI Statute of Limitations in Virginia
In Virginia, the general statute of limitations for a felony is None and for a misdemeanor is 1 year.
Defending Against DUI / DWI Charges in Virginia
Common defenses in Virginia dui / dwi cases include:
- Lack of intent — many charges require proving criminal intent
- Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
- Procedural violations — improper arrest, unlawful search and seizure
- Mistaken identity
- Constitutional violations — Fourth and Fifth Amendment protections
The specific defenses available depend on the facts of the case. Consult a Virginia criminal defense attorney for advice.
Related Virginia Laws
Marijuana Possession
Theft / Larceny
Assault
Domestic Violence
Drug Possession
Burglary
Robbery
Fraud
Trespassing
Disorderly Conduct
Vandalism
Hit and Run
Illegal Weapons Possession
Drug Trafficking
Prostitution
Shoplifting
Reckless Driving
Forgery
Kidnapping
Arson
Stalking
Embezzlement
Money Laundering
Public Intoxication