The documented penalties for DUI Virginia first offense are fines, revocation of license, court cost, imprisonment, ignition interlock installation, DMV demerit points, and enrollment in Virginia Alcohol Safety Action Program (ASAP).

  • Jail: The first offense of DUI in Virginia is classified as a Class 1 misdemeanor. In most cases, individuals face imprisonment of up to 12 months. Despite not having a mandatory minimum jail time for first time DUI offense in Virginia, it has become common to spend at least a night after being caught and arrested for DUI. The mandatory minimum to face imprisonment is if your BAC limit exceeds more than the usual amount or you are carrying a minor under the age of 17 in the car while you are under the influence.
  • Fines: The fines for the first time DUI offense in Virginia vary from person to person depending on the level of offense and the number of times it has happened. The mandatory minimum fine is $250 and it could increase to as high as $2,500. In addition to this, an individual may also face suspended fine for the first DUI offense in the state. In case the driver had a minor under 17 years of age in the car, they will be fined $500 to $1,000.
  • Court Costs: In case conviction for a first time DUI offense in Virginia, you will have to pay court fees. If you fail to pay the court costs, it will lead to suspension of your driver’s license.
  • Driver’s License Suspension/Revocation: If you are caught and arrested for DUI charge, your license will be automatically suspended for a minimum of seven days in case your BAC limit exceeds 0.08 percentage. Furthermore, if you refuse to take the breathalyzer test, your license will be suspended immediately. This suspension is known as Administrative Suspension. If the case leads to conviction by the judge, the driver’s license may be revoked for a minimum of one year. Thus, the only option will be to apply for a restricted license if you want to drive a car. However, this will only allow you to drive to a limited number of places.
  • Virginia ASAP: If you are caught and arrested for a DUI charge in Virginia, it is mandatory to enroll in Virginia Alcohol Safety Action Program (ASAP) and complete it. You will be responsible to attend weekly classes, pay fees, and random alcohol and drug testing.
  • Ignition Interlock: Any driver convicted for the first time DUI offense in Virginia cannot drive a car that does not have an Ignition interlock device. Unless their car is equipped with this device, they will not be able to get driver’s license.
  • DMV Points: At least 6 demerit points will be added to the offender’s driving record in the state by DMV.
  • DMV Record: The DUI conviction will remain on the driver’s Virginia driving record for 11 years.

Criminal Record: A first offense Virginia DUI is a Class 1 misdemeanor and a conviction will remain on the driver’s permanent criminal record.