Virginia BAC Limits & DUI Consequences
Blood-alcohol legal limits for adults, minors, and commercial drivers; refusal-to-test penalties; first-offense consequences.
- BAC limit — adult
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0.08
Source: Virginia Driver's Manual, Section 3: Safe Driving, Drunk and Drugged Driving, p. 24
- BAC limit — minor (under 21)
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0.02
- Implied consent / refusal consequences
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Under Virginia's implied-consent law, by operating a motor vehicle on the state's public roads you have already agreed to take a breath test on request when an officer has probable cause to believe you have been driving under the influence. If you are involved in a crash, an officer with probable cause can arrest you for DUI within three hours of the crash, without a warrant, at any location. Refusing the breath test triggers an automatic administrative license suspension: seven days for a first offense, 60 days or until trial (whichever comes first) for a second offense, and until trial for a third offense. The refusal can be charged separately, on top of the DUI itself, and the suspension and revocation periods imposed by the court and DMV run consecutively after the administrative suspension.
- DUI first-offense consequences
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On a first DUI arrest in Virginia, your driving privilege is automatically suspended for seven days under the Administrative License Suspension, which takes effect immediately when the officer charges you with driving under the influence (BAC of 0.08 percent or higher, refusal of a breath test, or impairment by drugs). If you are convicted of the DUI, the court and DMV impose additional suspension or revocation periods, fines, and possible jail time on top of the seven-day administrative suspension, and these run consecutively if there are multiple DUI convictions. The court or DMV may also require installation of an ignition interlock device. If a juvenile passenger (age 17 or younger) was in the vehicle at the time of the offense, the conviction carries an additional mandatory five-day jail term and an additional fine of at least $500 and up to $1,000 on top of every other penalty. Driving after illegally consuming alcohol with a BAC of 0.02 to under 0.08 while under 21 carries a one-year license suspension and either a $500 minimum mandatory fine or at least 50 hours of community service. The specific fine and jail-time ranges for the DUI conviction itself are set by statute and are not stated in the manual.
- Ignition interlock required
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conditional
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