Virginia DUI/DWI Laws: Penalties, Court Process, and Records

Every state in the U.S. has laws against driving under the influence (DUI) or driving while intoxicated (DWI), but the terms and punishments vary. In Virginia, the official term is DUI, although people often refer to it as DWI as well. Virginia has some of the strictest laws regarding drunk driving in the Mid-Atlantic area. These laws include automatic license suspensions, requirements to use ignition interlock devices, and felony charges for repeat or serious offenses.

What Is a DUI in Virginia?

According to Virginia law, specifically under code section 18.2-266, you can be charged with a DUI. The charge applies if you're driving a vehicle while impaired by alcohol, drugs, or a mix of both.

The legal thresholds in Virginia are:

• 0.08% BAC for drivers age 21 and older.
• 0.04% BAC for commercial drivers.
• Drivers under 21, Virginia Code § 18.2-266.1, making it illegal to operate a vehicle after drinking any alcohol. A BAC of 0.02% to 0.08% is enough to violate this law, even though it’s below the standard DUI threshold.

DUI Penalties in Virginia

Virginia does use a 10-year look-back period for DUI offenses, meaning repeat offenses within 10 years lead to escalated punishments.

• First DUI Offense (Class 1 misdemeanor):
  • Punishable by fines ($250).
  • Up to 5 days to 12 months in jail (mandatory minimum jail depending on BAC).
  • indefinite revocation of license
• Second DUI Offense (within 5 to 10 years, Class 1 misdemeanor):
  • Higher fines $500.
  • Mandatory jail time (1 month to 12 months, more if BAC is elevated).
  • indefinite revocation of license
• Third DUI Offense (within 10 years, Felony):
  • Class 6 felony
  • 90 days to 5 years prison (mandatory minimums depending on timing and circumstances)
  • Fine up to $1,000
  • indefinite revocation of license
• Fourth and subsequent DUI offenses:
  • Class 6 felony
  • minimum 6 months in prison
  • Fine up to $1,000
  • indefinite revocation of license

DUI Arrest and Court Process in Virginia

DUI cases in Virginia involve both administrative license actions and criminal prosecution:

1. Traffic Stop and Arrest: Officers perform sobriety tests. Refusing means automatic license suspension.
2. Chemical Testing: After arrest, you will undergo a chemical test (breath or blood test) to measure blood alcohol concentration (BAC). Refusing this test results in automatic penalties like license suspension.
3. Administrative License Suspension (ALS) – The Virginia DMV imposes an immediate suspension based on BAC or refusal.
4. Pre-trial Motions and Negotiations: A lawyer may file motions to challenge evidence or dismiss charges. Negotiations with prosecutors may lead to reaching plea deals.
5. Trial: If no plea agreement is reached, your case goes to trial
6. Sentencing: If convicted or if you plead guilty, the judge will impose penalties such as fines, license suspension, alcohol education programs, probation, or jail time based on the offense and circumstances.

How To Search for DUI Records in Virginia

DUI records in Virginia are public and accessible via multiple sources:

• Virginia Judicial System Case Information: Online portal for general district and circuit court cases, including DUIs.
• Virginia Department of Motor Vehicles (DMV): Maintains driver histories, including DUI convictions, suspensions, and IID requirements. Individuals may request their own records.
• County Clerk of Court Offices: Provide certified DUI case files and sentencing documents.
• Virginia State Police – Criminal Record Check: Offers official criminal history reports for authorized purposes.
• Third-Party Background Check Services: May include DUI data, but are less reliable than official sources.

How Long Does a DUI Stay on Your Record in Virginia?

In Virginia, DUI convictions remain permanently on an offender’s criminal record and cannot be expunged. On the driving record, a DUI stays for 11 years, affecting both insurance rates and future sentencing if additional offenses occur. This extended retention results in higher insurance premiums, accumulated demerit points, and more severe penalties for repeat violations within the look-back period.

Virginia has severe penalties for DUI charges. Each repeat offense becomes more severe, and a court can impose tougher punishments. A first offense can result in a fine and an ignition interlock device (IID) installation. On a second offense, the state may file a felony charge and suspend the license for an indefinite period. The legal term for DUI in Virginia is DUI.

However, it is still widely referred to as DWI in the common vernacular. The records of DUI offenses can be obtained at the court and DMV offices. Although some records can be sealed or dismissed, convictions remain permanently. For drivers, employers, and researchers, understanding Virginia’s DUI laws is critical given their long-lasting effects.