Virgina Drunk Driving Law

Here are highlights from Virgina law on driving while intoxicated (VA Code 18.2-266). Click on the links for further explanation of the legal terms associated with drunk driving in Virgina.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: .20

Implied Consent Law: Yes

License Suspension 1st Offense: 1 year

License Suspension 2nd Offense: 3 years

License Suspension 3rd Offense: 3 years

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: Yes

Mandatory Assessment/Treatment: Yes

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: Yes

Hardship License while license suspended: No

Open Container Law: None

These are highlights of the main provisions of Virgina law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Virgina, contact an attorney in your area to determine you rights and responsibilities.

Source: VA Code 18.2-266