What Is The Fine For A Third DUI Conviction
A third DUI conviction in Virginia is a Class 6 felony under Va. Code § 18.2-270, carrying a mandatory minimum $1,000 fine and up to $2,500. Law Offices Of SRIS, P.C. provides statewide defense for DUI/DWI charges. Our Virginia abogado dui virginia abogado dwi virginia abogado dui team includes former law enforcement and prosecutors. We offer 24/7 phone consultations.
Virginia DUI/DWI Law
Virginia law defines driving under the influence (DUI) and driving while intoxicated (DWI) under Va. Code § 18.2-266. The statute prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of alcohol, drugs, or a combination to a degree that impairs driving ability. The distinction between DUI vs DWI is minimal in Virginia, as both terms refer to the same offense under the code. A conviction requires proof of impairment or a BAC at or above the legal limit. The law applies on all public highways and private property open to public use.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s DUI statutes, refer to the Va. Code § 18.2-266 (official Virginia General Assembly). Court procedures and local rules can be found on the Virginia Judicial System website.
Virginia DUI Defense Process
Virginia handles DUI cases through a strict procedural framework. The process begins with an arrest and administrative license suspension by the DMV, separate from any criminal court case. An experienced abogado defensa penal can challenge the suspension at a DMV hearing, which must be requested within a short deadline. In criminal court, the case proceeds from General District Court, where most trials occur, with a right to appeal for a new trial in Circuit Court. Key defenses often involve challenging the traffic stop’s legality, the accuracy of field sobriety tests, or the calibration and administration of breathalyzer equipment.
- Secure your driving privileges by requesting a DMV administrative hearing within 7 days of arrest.
- Gather all documentation from the arrest, including the summons, DMV forms, and any officer notes.
- Consult with a DUI defense attorney to review the evidence and identify potential legal challenges.
- Prepare for and attend all court dates, including arraignment and pre-trial conferences.
- Evaluate the prosecution’s evidence and determine whether to negotiate a plea or proceed to trial.
- If convicted, comply with all court orders, including fines, VASAP, and ignition interlock requirements.
Virginia DUI Penalties
In Virginia, DUI sanciones manejar ebrio escalate sharply with each offense, ranging from misdemeanor fines and license suspension to felony imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st Offense (BAC 0.08-0.14) | Class 1 Misdemeanor | Up to 12 months | $250 – $2,500 | 12-month revocation | Mandatory VASAP |
| 1st Offense (BAC 0.15-0.19) | Class 1 Misdemeanor | Mandatory 5 days | $250 – $2,500 | 12-month revocation | Mandatory VASAP, ignition interlock |
| 2nd Offense (within 5-10 years) | Class 1 Misdemeanor | Mandatory 20 days – 1 year | $500 – $2,500 | 3-year revocation | Mandatory VASAP, ignition interlock |
| 3rd Offense (within 10 years) | Class 6 Felony | Mandatory 90 days – 5 years | $1,000 – $2,500 | Indefinite revocation | Mandatory VASAP, ignition interlock, vehicle forfeiture possible |
Results may vary. Prior results do not aim for a similar outcome.
Our Defense Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of handling DUI defenses across Virginia. Our approach is based on a detailed review of each case’s facts and the applicable law.
Case Results
Our firm has a firm-wide record of 4,739+ documented case results across VA, MD, NJ, NY, and DC, with a favorable outcome rate exceeding 93%. In Virginia DUI matters, our attorneys work to seek dismissals, charge reductions, or minimized penalties.
Results may vary. Prior results do not aim for a similar outcome.
Virginia DUI Defense Lawyer
Our Fairfax location is centrally positioned to serve clients across Virginia. We represent individuals in all Virginia communities. For a abogado dui virginia abogado dwi virginia abogado dui, contact us for a 24/7 phone consultation — (888) 437-7747 — meetings are 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
What is the difference between DUI and DWI in Virginia?
No practical difference. Virginia law uses the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) interchangeably under Va. Code § 18.2-266 to describe the same offense of operating a vehicle with a BAC of 0.08% or higher or while impaired.
Can I get a restricted license after a DUI arrest in Virginia?
It depends. You may be eligible for a restricted license for certain purposes like work or medical appointments, but you must first request a DMV hearing within 7 days of arrest to challenge the administrative suspension. A conviction often requires enrollment in VASAP before a restricted license is granted.
Is jail time mandatory for a first DUI in Virginia?
Not always. A standard first DUI (BAC 0.08-0.14) has no mandatory jail, but a judge can impose up to 12 months. However, if your BAC was 0.15 or higher, Virginia law mandates a minimum 5-day jail sentence.
What happens if I refuse a breath test in Virginia?
Refusal triggers an automatic administrative license suspension for 12 months (first offense) under Virginia’s implied consent law (Va. Code § 18.2-268.3). This is separate from any criminal DUI penalties and can be challenged at a DMV hearing requested within 7 days.
How long does a DUI stay on my record in Virginia?
A DUI conviction remains on your Virginia driving record permanently. For sentencing purposes, prior offenses are counted within 5 or 10 years, but the conviction itself does not expire from your official record.
Related Legal Information
If you are facing other charges, our firm also handles Virginia traffic violations and theft defense. For more DUI-specific resources, visit our Virginia DUI lawyer hub page. We also serve specific localities like Fairfax County and Fairfax City.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.