| Offense |
Blood Alcohol Level
|
Jail or Prison Sentence
|
Fine |
Ignition Interlock
§ 46.2-391 |
License Suspension
§ 18.2-271 |
Vehicle Forfeiture
|
1 st Offense §
18.2-270(A) |
.08 or greater (or under the influence of alcohol, drugs
or both). |
Class 1 misdemeanor. |
$250 mandatory minimum fine. |
Yes, if BAC is .15 or more. |
12 months by court. |
No |
| 0.15 to 0.20 |
Additional 5 day mandatory minimum. |
| 0.20 or greater |
Additional 10 day mandatory minimum |
| 2nd Offense within 5
years§ 18.2-270(B) |
08 or greater (or under the influence of alcohol, drugs
or both) |
1 month to 1 year in jail. Mandatory minimum 20 days. |
$500 mandatory minimum fine. |
6 months to 3 years. |
3 years by DMV |
No |
| 0.15 to 0.20 |
Additional mandatory minimum 10 days. |
| 0.20 or greater |
Additional mandatory minimum 20 days. |
| 2nd Offense within 5-10
years§ 18.2-270(B) |
.08 or greater (or under the influence of alcohol, drugs
or both) |
Minimum confinement not less than one month. Mandatory
minimum 10 days. |
$500 mandatory minimum fine. |
6 months to 3 years. |
3 years by DMV |
No |
| 0.15 to 0.20 |
Additional mandatory minimum 10 days. |
| 0.20 or greater |
Additional mandatory minimum 20 days. |
| 3 or more offenses within 5 years
§ 18.2-270(C) |
n/a |
Class 6 felony. Mandatory minimum 6 months. |
$1000 mandatory minimum fine. |
|
10 years by DMV. Reinstate after 3 to 5 years. |
Yes |
| 3 or more offenses within 5-10 years
|
n/a |
Class 6 felony. Mandatory minimum 90 days. |
$1000 mandatory minimum fine. |
|
3rd offense with 10 yrs triggers indefinite suspension |
Yes |
| 4th offense within 10 years |
|
Class 6 felony. Mandatory minimum 1 year, plus probation
for same term as license suspension not to exceed 3 years. |
$1000 mandatory minimum fine. |
|
4 th offense within 10 years triggers indefinite suspension |
Yes |
| Transporting minor while driving
under the influence § 18.2-270(D) |
n/a |
Additional 5 days mandatory minimum. |
Additional fine $500 to $1000. |
|
n/a |
n/a |
