| Offense |
Blood Alcohol Level |
Jail or Prison Sentence |
Fine |
Ignition Interlock § 46.2-391 |
License Suspension § 46.2-391 |
Vehicle Forfeiture |
1 st Offense § 18.2-270(A) |
.08 or greater (or under the influence of alcohol, drugs or both). |
Class 1 misdemeanor. |
$250 mandatory minimum fine. |
Yes, if BAC is .15 or more. |
12 months by court. |
No |
| 0.15 to 0.20 |
Additional 5 day mandatory minimum. |
| 0.20 or greater |
Additional 10 day mandatory minimum |
| 2nd Offense within 5 years§ 18.2-270(B) |
.08 or greater (or under the influence of alcohol, drugs or both) |
1 month to 1 year in jail. Mandatory minimum 20 days. |
$500 mandatory minimum fine. |
6 months to 3 years. |
3 years by DMV |
No |
| 0.15 to 0.20 |
Additional mandatory minimum 10 days. |
| 0.20 or greater |
Additional mandatory minimum 20 days. |
| 2nd Offense within 5-10 years§ 18.2-270(B) |
.08 or greater (or under the influence of alcohol, drugs or both) |
Minimum confinement not less than one month. Mandatory minimum 10 days. |
$500 mandatory minimum fine. |
6 months to 3 years. |
3 years by DMV |
No |
| 0.15 to 0.20 |
Additional mandatory minimum 10 days. |
| 0.20 or greater |
Additional mandatory minimum 20 days. |
| 3 or more offenses within 5 years § 18.2-270(C) |
n/a |
Class 6 felony. Mandatory minimum 6 months. |
$1000 mandatory minimum fine. |
|
10 years by DMV. Reinstate after 3 to 5 years. |
Yes |
| 3 or more offenses within 5-10 years |
n/a |
Class 6 felony. Mandatory minimum 90 days. |
$1000 mandatory minimum fine. |
|
10 years by DMV. Reinstate after 3 to 5 years. |
Yes |
| 4th offense within 10 years |
|
Class 6 felony. Mandatory minimum 1 year, plus probation for same term as license suspension not to exceed 3 years. |
$1000 mandatory minimum fine. |
|
10 years by DMV. Reinstate after 3 to 5 years. |
Yes |
| Transporting minor while driving under the influence § 18.2-270(D) |
n/a |
Additional 5 days mandatory minimum. |
Additional fine $500 to $1000. |
|
n/a |
n/a |
