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Virginia


Virginia officially uses the term “driving while intoxicated” (DWI) instead of “driving under the influence” (DUI). However, lots of people (including attorneys) still use DWI and DUI interchangeably to refer to drunk or drugged driving.
 

Virginia’s DWI laws prohibit all motorists from driving or operating a motor vehicle:

  • + while under the influence of drugs or alcohol
  • + with a blood alcohol concentration (BAC) of .08% or more
  • + with a blood concentration of .1 milligrams per liter or more of methamphetamine
  • + with a blood concentration of .02 milligrams per liter or more of cocaine, or
  • + with a blood concentration of .02 milligrams per liter or more of phencyclidine (PCP).

Generally, a person is considered “under the influence” if the substances (alcohol and/or drugs) ingested impair the person’s ability to operate or drive a vehicle safely. (Virginia has similar laws that outlaw boating under the influence.)

Virginia also has “zero tolerance” laws making it illegal for underage drivers (those under 21 years old) to get behind the wheel with a BAC .02% or more.

 
  1st Offense 2nd Offense 3rd Offense
Jail
Up to 12 months
 
10 days to 12 months 90 days to 5 years
Fines
$250 to $2,500
 
$500 to $2,500 $1,000 to $2,500
License Suspension
1 year
 
3 years Indefinitely
Ignition Interlock Device
6-month minimum as a condition of obtaining a “restricted license”
 
6-month minimum 6-month minimum