Charged With a First DUI in Virginia? Here's What You're Actually Facing
Short answer: A first-offense DUI in Virginia is a Class 1 misdemeanor under Va. Code § 18.2-266 - a criminal charge, not a traffic ticket. It carries up to 12 months in jail, a fine from a $250 mandatory minimum up to $2,500, a one-year driver's license suspension, and ignition interlock. A blood alcohol level of 0.15 or higher adds mandatory jail time on top.
People are often surprised to learn that a first DUI in Virginia is a crime. Not an infraction, not a ticket you pay and forget - a Class 1 misdemeanor, the most serious class, the same category as an assault charge.
This post lays out what the law actually provides, so you understand the stakes. It is general information about the charge, not legal advice about your case, and nothing here predicts an outcome.
A first DUI is a crime, not a ticket
Virginia's DUI law is Va. Code § 18.2-266. It's violated by driving with a blood alcohol concentration of 0.08 or more, or while impaired by alcohol or drugs. A first offense is a Class 1 misdemeanor - which means real criminal exposure, and a conviction that stays on your record.
The penalties on a first offense
The penalty range comes from Va. Code § 18.2-270: up to 12 months in jail, and a fine between a $250 mandatory minimum and $2,500.
Beyond the criminal penalty, a conviction brings a one-year driver's license suspension. A restricted license (for work, school, medical needs) may be available, and getting one generally requires installing an ignition interlock device - a breath tester wired to your ignition - for at least six months. Virginia's Alcohol Safety Action Program (ASAP) is also typically required.
Your blood alcohol level raises the floor
The number on the test doesn't just prove the charge - it can set a mandatory minimum jail term that a judge cannot go below. Under § 18.2-270, a first offense with a BAC of 0.15 to 0.20 carries a mandatory minimum of five days in jail; above 0.20, it's ten days. That is jail the court must impose, separate from anything else in the case.
The clock starts before your court date
A DUI arrest sets several things in motion at once. There can be an administrative license suspension right away, DMV consequences run alongside the criminal case, and steps like ASAP and interlock have their own timelines. These deadlines don't wait for your trial.
That's the reason to speak with a Virginia Beach DUI and criminal defense attorney early - to understand your rights and the deadlines while there's still time to act on them.
Scott is a Virginia Beach personal injury attorney with 20+ years representing accident victims across Hampton Roads. He handles every case personally, on a no-win, no-fee basis.
This article is general information about Virginia law, not legal advice, and does not create an attorney-client relationship. Deadlines and exceptions depend on your specific facts, consult a licensed attorney about your situation.