First DUI Offense Punishment in Virginia

Facing first DUI offense punishment is Virginia is one of those things which a person has never thought would happen.  The consequences will be life altering for many since first time DUI will remain on the criminal record of the person’s lifetime. First DUI offense punishment in Virginia has some serious and mandatory penalties. The penalties for first DUI offense will depend on the level of blood alcohol content. If you have been charged with first DUI offense, you will face the penalties which includes fines, license suspension and jail time.

First DUI Offense Punishment in Virginia

The first DUI offense punishment in Virginia incudes jail, fines, cost of court, license cancelation and registration in Alcohol Safety Action Program, interlock system and demerit points.


A DUI in Virginia is considered as Class I misdemeanor. The punishment includes almost 12 months in jail but, there is no mandatory jail time for a first DUI offense in Virginia. Though, there are provoking factors which will result in mandatory minimum jail time which includes blood alcohol content.


A person sentenced for first DUI offense in Virgin will have to pay a required fine of atleast $250 and maximum of $2500. The drivers who is sentenced for DUI Virginia first offense will normally have some deferred fine in addition to compulsory least fine. The driver will also be fined among $500 and $1000 if there was a minor under 17 in the car.

Court Cost

Anyone who is convicted of first DUI offense in Virginia must pay the cost of court and if he failed to pay the cost his driving license will be suspended.

License suspension

The driving license of the convicted person will be automatically suspended for 7 days if arrested for a DUI and alcohol content higher than .08% or if the driver refused to take the Breathalyzer test.  This process is called administrative suspension under Code 46.2-391.2.  While facing first DUI offense the license will be cancelled for almost one year under Code 18.2-271(A).

Virginia ASAP Program

A driver who convicted of first DUI offense will be required to enroll in Alcohol Safety Program. This program requires weekly classes, fee payment and alcohol and drug testing. Upon completing this program the driver will be eligible for restricted license to a limited number of places.

Ignition Interlock

A person sentenced for first DUI offense is prohibited from driving any car with ignition interlock device. The driver cannot obtain the restricted license until he install the ignition interlock in vehicle registered in his name.

DMV Points

The first DUI offense punishment in Virginia also includes adding around six demerit points in the criminal record of offender if convicted with first DUI charge.

Chemical Test Refusal

A first DUI offense punishment in Virginia also include the consequences for refusing to take chemical test. The driver’s license will be cancelled for 12 months and there is no chance for being granted with a restricted license.

If you are facing first DUI offense in Virginia, contact us at SRIS Law Group. Our experienced attorneys are here to help you in your case.

If you wish to consult an SRIS Law Group, P.C. attorney

Call us at 888-437-7747