A first-offense DUI in Virginia is prosecuted under the same statute that governs every impaired-driving charge, but a first conviction carries lighter mandatory penalties than a second or third. This article explains what the law prohibits, the fines and jail exposure that follow a first conviction, the effect on a driver’s license, and the education and interlock conditions attached to getting back on the road. It is one of the topics covered in the reference on how a Virginia traffic ticket or charge moves through court.
Virginia uses “DUI” and “DWI” interchangeably; the Code of Virginia labels the offense driving while intoxicated, and courts and police often say DUI. The terms describe the same charge.
What Virginia law counts as a DUI
The core prohibition is in Va. Code § 18.2-266. It is unlawful to drive or operate a motor vehicle while a person has a blood alcohol concentration of 0.08 percent or more, or while under the influence of alcohol, drugs, or a combination to a degree that impairs the ability to drive safely.
A driver can be convicted on either theory. A reading of 0.08 or higher on a valid breath or blood test supports a conviction on its own, and so does evidence of impairment even when a specific number is lower or unavailable. The statute also sets blood-concentration thresholds for certain drugs, including cocaine, methamphetamine, PCP, and MDMA, so an impaired-driving charge is not limited to alcohol.
The 0.08 threshold applies to most adult drivers. Lower limits apply to two groups: commercial drivers face a stricter standard, and drivers under 21 can be charged under a separate underage statute at a much lower level. This article addresses the standard adult first offense.
Penalties and fines for a first offense
A first-offense DUI is a Class 1 misdemeanor, the most serious misdemeanor class in Virginia. Under Va. Code § 18.2-270, a first conviction carries a mandatory minimum fine of $250. Because it is a Class 1 misdemeanor, the maximum exposure set by Va. Code § 18.2-11 is up to 12 months in jail and a fine of up to $2,500. The mandatory minimum is the floor a court cannot go below; the maximum is the ceiling.
The breath or blood test result can trigger extra mandatory jail even on a first offense. Under Va. Code § 18.2-270, a first offender whose blood alcohol level was at least 0.15 but not more than 0.20 must serve an additional mandatory minimum of five days in jail, and a level above 0.20 raises that to ten days. These days are mandatory, meaning a court cannot suspend them.
Transporting a minor at the time of the offense adds a separate penalty. A first offender who was driving with a passenger 17 years of age or younger faces an additional fine of $500 to $1,000 and a mandatory minimum of five days in jail under Va. Code § 18.2-270.
License revocation and a restricted license
A first DUI conviction revokes the driver’s license by operation of law. Va. Code § 18.2-271 provides that a first conviction under § 18.2-266 deprives the person of the privilege to drive in the Commonwealth for one year from the date of the judgment. The one-year loss is automatic on conviction and is separate from any pre-trial administrative suspension that followed the arrest.
During that year, a first offender can ask the court for a restricted license that permits limited driving, such as to and from work, school, medical appointments, and VASAP. The authority for a restricted license and the conditions attached to it come from Va. Code § 18.2-271.1. A restricted license is granted by the court, not automatically, and it comes with conditions described in the next section.
The court orders the surrender of the physical license, and the revocation period does not begin to run until the license is surrendered to the court or the Department of Motor Vehicles.
VASAP and the ignition interlock requirement
A first offender who wants a restricted license is generally required to enroll in the Virginia Alcohol Safety Action Program. Enrollment, education, and probation conditions are governed by Va. Code § 18.2-271.1, which requires a convicted driver to enter and complete an alcohol safety action program as a condition of a restricted license and probation.
Ignition interlock is the other standard condition. Under Va. Code § 18.2-270.1, an ignition interlock device connects to the vehicle’s ignition and prevents it from starting if it detects a blood alcohol content above 0.02 percent. For an adult first offense under § 18.2-266, the statute provides that the sole restriction the court imposes is a requirement to drive only a vehicle equipped with a functioning, certified interlock for at least 12 consecutive months without alcohol-related violations. A driver pays a $20 fee for court and administrative costs, plus the cost of leasing, installing, and calibrating the device.
How a first-offense DUI case moves through court
A misdemeanor DUI is heard in the General District Court for the city or county where the offense occurred. The General District Court handles traffic infractions and misdemeanors, including a first-offense DUI, without a jury; a defendant convicted there can appeal to the Circuit Court for a new trial.
Arrest and release
An officer who has probable cause makes the arrest and requests a breath or blood test under Virginia’s implied-consent law. The driver is typically released before the first court date, sometimes after a short administrative license suspension tied to the arrest.
Arraignment
At the first appearance, the General District Court advises the defendant of the charge and the right to counsel and sets future dates. A defendant who wants a court-appointed attorney is screened for eligibility at this stage.
Discovery and pre-trial motions
The defense reviews the officer’s evidence, the test results, and the calibration and administration of the breath or blood test. Motions to suppress evidence, if any, are usually filed before trial.
Trial or plea
The case is resolved by a bench trial or a negotiated plea. The Commonwealth must prove the elements of § 18.2-266 beyond a reasonable doubt.
Sentencing and license steps
On a conviction, the court imposes the fine and any jail, orders the one-year license revocation, and sets the VASAP and interlock conditions for a restricted license. The clerk reports the conviction to the Department of Motor Vehicles.
A driver deciding how to handle a charge can consult an attorney; the Virginia State Bar publishes a Virginia lawyer directory for finding counsel by location and practice area.
Frequently asked questions
Is a first-offense DUI a felony in Virginia?
No. A first offense under Va. Code § 18.2-266 is a Class 1 misdemeanor. A DUI becomes a felony in Virginia in narrower situations, such as a third offense within ten years or a DUI causing serious injury, which are charged under different code sections.
What blood alcohol level triggers mandatory jail on a first offense?
A level of 0.15 to 0.20 adds a mandatory minimum of five days in jail, and a level above 0.20 adds ten days, under Va. Code § 18.2-270. Below 0.15, § 18.2-270 does not require a mandatory jail term for a standard first offense, though the Class 1 misdemeanor maximum of 12 months still applies.
Can a person drive at all during the one-year revocation?
A first offender can ask the court for a restricted license under Va. Code § 18.2-271.1, which allows limited driving for purposes such as work, school, and VASAP. The restricted license is conditioned on installing a certified ignition interlock device for at least 12 months under Va. Code § 18.2-270.1.
How long does VASAP take?
The Virginia Alcohol Safety Action Program is a probationary education and monitoring program required as a condition of a restricted license under Va. Code § 18.2-271.1. Program length is set by the local ASAP and the court; the interlock condition for a first-offense restricted license runs for at least 12 consecutive months without alcohol-related violations under Va. Code § 18.2-270.1.
Does a first DUI stay on a driving record?
A DUI conviction is a criminal misdemeanor and is reported to the Department of Motor Vehicles, where it appears on the driving record. Virginia does not treat a completed adult DUI conviction as eligible for routine removal, so the conviction remains part of the record.