Offense

Min/Max
Jail Time

Mandatory Jail not subject to suspension

Fine*
Min/Max

Virginia ASAP

Drivers License Suspension

Restricted Drivers License

Ignition Interlock Required

1^st

0 / 1 year

None if BAC<.15†

$250/$2500

Required‡

12 months by law

May order immediately

Yes◊

2^nd DUI/
5 years

30 days / 1 year

20 days†

$500/$2500

Required‡

3 years by law

After 1 year of suspension

Yes◊◊

2^nd DUI/
5-10 years

30 days / 1 year

10 days†

$500/$2500

Required‡

3 years by law

After 4 months of suspension

Yes◊◊

3^rd DUI/
5 years**

1-5 years / up to 12 months plus $2500 fine

6 months

$1000/$2500

No

Indefinite††

Indefinite‡‡

Yes◊◊

3^rd  DUI/ 10 years**

1-5 years / up to 12 months plus $2500 fine

90 days

$1000/$2500

No

Indefinite††

Indefinite‡‡

Yes◊◊

* The minimum fines are mandatory and may not be suspended.  If the person convicted was transporting a person of 17 years of age or younger, the person is subject to a further penalty of fine of $500 to $1000 and a mandatory, minimum period of incarceration of 5 days.
** A 3^rd or subsequent DUI within 10 years is a Class 6 felony and the Commonwealth may seek forfeiture of the offender’s vehicle pursuant to 18.2-270(C)(4).
† If .15 ≤ BAC ≤ .20 then 5 additional days; If BAC >.20 then 10 additional days
†† May petition circuit court after minimum of 5 years
‡ Unless court and VASAP determine treatment inappropriate
‡‡ May petition circuit court after minimum of 3 years
◊ During restricted DL period if BAC ≥.15 Otherwise, permitted but not required.
◊◊ At least 6 months upon restoration of license or with a restricted license during time of suspension