Consequences of DUI in Virginia

Ignition Interlock Device

If you are convicted of a DUI first offense, the court will require that you have an ignition interlock device installed on the vehicle that you primarily operate as a condition of restricted driving privileges.
If you are convicted of the following:

  • Convicted of a DUI second offense within ten years.
  • Convicted of a DUI third or subsequent offense within ten years the court will require that you have an ignition interlock device installed on every vehicle you own, co-own or operate as a condition of restricted driving privileges or full restoration of driving privileges:

In the following cases:

  • Convicted of a DUI second offense within ten years.
  • Convicted of a DUI third or subsequent offense within ten years
  • Convicted of three separate DUI offenses within ten years

DMV will require you to have an ignition interlock device installed as a condition of restricted driving privileges or full restoration of driving privileges, even if the court does not require it.  Convictions for a first offense violation of the ignition interlock restriction or other restricted license provisions will result in a DMV revocation of your driving privilege for one year.  Two or more convictions of violating restricted privileges will result
in a three-year revocation.  Restricted privileges will not be available during these revocation periods.

Vehicle Impoundment

The vehicle you are driving will be immediately impounded or immobilized for 90 days if you are caught driving after your license has been suspended for an alcohol-related offense.  The court can impound the vehicle for an additional 90 days following conviction.  The owner of the vehicle impounded (other than the driver) may petition the court for release of the vehicle.  Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

Administrative License Suspension (ALS)

For a first DUI offense and/or breath test refusal, your driver’s license will be automatically suspended for seven days if your BAC is 0.08 percent or higher.  For a second DUI offense and/or breath test refusal, your license will be automatically suspended for 60 days or until you go to trial, which ever comes first.  For a third DUI offense and/or breath test refusal, your license will be automatically suspended until you go to trial.  Conviction of a DUI offense will result in suspension of your driver’s license and other penalties in addition to the administrative suspension.

Restitution

Depending on local ordinances, you may be liable (for up to $1,000) for the cost of law enforcement, emergency medical services, fire fighting and rescue personnel who respond to a crash or incident resulting from your DUI violation.