DUI in Virginia FAQ

Is a DUI a felony or misdemeanor in Virginia? A DUI 1st and 2nd will be a misdemeanor charge in Virginia. However a DUI 3rd or subsequent will rise to the level of a felony in Virginia.

Is there mandatory jail time for a DUI charge in Virginia? Not for a DUI 1st for 0.14 BAC and under, while the court can sanction up to 12 months in jail, no specific amount is mandatory. For a DUI 1st .15-.20 there is a mandatory 5 day minimum jail sentence. DUI +0.20 will have a mandatory 10 day jail sentence minimum.

Is there a difference between a DUI or DWI in Virginia? No, DUI (driving under the influence) and DWI (driving while intoxicated) both mean the same thing in Virginia and the terms are interchangeable.

What happens if I get a DUI with a child in the car in Virginia? If you get a DUI or DWI in Virginia will a child (defined as a passenger under 17) in the car, you may be subject to a minimum 5 days in jail and an addition fine of $500-$1000. This charge will be written as a DUI Child Endangerment.