What Is The Fine For A Third DUI Conviction in Virginia?
A third DUI VA charge is a Class 6 felony under Va. Code § 18.2-270, carrying a mandatory minimum 90 days in jail, a $1,000 minimum fine, and indefinite license revocation. A second DUI VA charge within 5 years is a Class 1 misdemeanor with a mandatory 20-day jail minimum. Law Offices Of SRIS, P.C.
A third DUI Virginia offense is a serious escalation from prior misdemeanor charges. Under Virginia law, a third conviction for driving under the influence within 10 years is classified as a felony. The penalties are severe and include long-term consequences beyond incarceration. Understanding the specific statutes and building a strong defense is critical when facing these charges.
Virginia DUI Law and Penalties
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia’s DUI laws are codified under Va. Code § 18.2-266. The statute prohibits driving or operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. A third DUI Virginia charge is governed by Va. Code § 18.2-270, which outlines the penalty structure based on the number of prior offenses and the time between them. The law firm was founded in 1997 by Mr. Sris, a former prosecutor with a background that provides an advantage in complex cases.
External Legal Resources
- Va. Code § 18.2-270 (Official Virginia General Assembly) – Details DUI penalties by offense number.
- Virginia Court System – Provides information on court procedures and locations statewide.
Handling a 3rd or 2nd DUI Case in Virginia
Virginia statewide practice requires careful navigation of both General District Court and potential Circuit Court proceedings. For a third DUI VA charge, the case may originate in General District Court but carries the potential for felony indictment. Prosecutors vigorously pursue these cases due to the mandatory jail time. A strategic defense often involves challenging the legality of the traffic stop, the administration of field sobriety tests, and the calibration of breathalyzer equipment.
- Secure representation immediately after arrest to protect your rights during the initial arraignment and DMV administrative process.
- Your attorney will file for a restricted license hearing with the DMV, which is separate from the criminal case.
- Obtain and review all discovery, including police reports, dash/body cam footage, and maintenance records for testing devices.
- File pre-trial motions to challenge the stop, arrest, or chemical test results based on procedural errors or rights violations.
- Evaluate the strength of the Commonwealth’s evidence and negotiate with the prosecutor, if possible, or prepare for trial.
- If convicted in General District Court, file an appeal to Circuit Court for a new trial within 10 days.
Potential Penalties for DUI in Virginia
In Virginia, a third DUI conviction within 10 years is a Class 6 felony with a mandatory 90-day jail sentence, while a second DUI within 5 years is a Class 1 misdemeanor with a mandatory 20-day jail sentence.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st DUI | Class 1 Misdemeanor | Up to 12 months | $250 min. | 12-month revocation | Mandatory VASAP |
| 2nd DUI (within 5 yrs) | Class 1 Misdemeanor | 20 days min. / 12 months max | $500 min. | 3-year revocation | Mandatory VASAP; ignition interlock |
| 3rd DUI (within 10 yrs) | Class 6 Felony | 90 days min. / 5 years max | $1,000 min. | Indefinite revocation | Mandatory VASAP; ignition interlock; felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia DUI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined attorney experience to every case. We have a documented record of handling complex traffic and criminal matters across Virginia. Our approach is grounded in a detailed understanding of Virginia’s legal statutes and courtroom procedures.
Case Results for DUI Defense
Our firm has achieved favorable outcomes in DUI cases across Virginia. Mr. Sris, the firm’s founder, collaborates with attorneys like Bryan Block to develop defense strategies. We focus on examining the details of each case, from the initial traffic stop to the evidence collection process.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Virginia DUI Lawyers
Our Fairfax location is centrally located for clients across Northern Virginia. We serve all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Phone: (703) 636-5417
By appointment only.
Frequently Asked Questions
Is a third DUI a felony in Virginia?
Yes. A third DUI conviction within a 10-year period is a Class 6 felony in Virginia under Va. Code § 18.2-270(C). This carries a mandatory minimum 90-day jail sentence, a fine of at least $1,000, and an indefinite driver’s license revocation.
What is the penalty for a second DUI in Virginia?
It depends on the timing. A second DUI conviction within 5 years is a Class 1 misdemeanor with a mandatory minimum 20 days in jail, a $500 minimum fine, a 3-year license revocation, and mandatory ignition interlock device installation upon license restoration.
Can you get a restricted license after a third DUI in Virginia?
It is very difficult. Virginia law mandates an indefinite license revocation for a third DUI conviction. You may petition the court for a restricted license after five years, but approval is not guaranteed and requires proof of extreme hardship.
How long does a DUI stay on your record in Virginia?
A DUI conviction in Virginia remains on your criminal and driving records permanently. It cannot be expunged if you are convicted. This makes securing a strong defense with a DUI lawyer Virginia crucial to avoid a lifelong record.
What happens if you refuse a breath test on a third DUI charge?
Refusal carries separate penalties. For a third offense, a chemical test refusal results in an additional three-year license suspension on top of the indefinite revocation for the conviction. You may also face being held in contempt of court.
Internal Resources: For more information, see our Virginia DUI Lawyer hub page. We also assist with related matters like traffic violations in Virginia.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.