Drunk and drugged driving laws in Virginia

By the end of this topic you can

• You can state the legal alcohol limits for adults and for drivers under 21.
• You can explain what happens if you refuse a breath or blood test.
• You can describe the main penalties for a first offense.
• You can explain why drug-impaired driving, including cannabis, is illegal.
• You can plan a safe way home that never involves impaired driving.

What you need to know and understand

• Driving with a blood alcohol concentration (BAC) of 0.08 percent or more is illegal, and so is driving while under the influence at any level.
• Drivers under 21 commit an offense at 0.02 percent BAC or more after illegally drinking alcohol.
• The under-21 offense brings loss of the license for one year and a minimum $500 fine or at least 50 hours of community service.
• A first DUI conviction is a Class 1 misdemeanor with a minimum $250 fine and a one-year license suspension.
• A BAC of 0.15 to 0.20 adds a mandatory minimum 5 days in jail; above 0.20, at least 10 days.
• After a DUI arrest with a BAC of 0.08 or more, or a refusal, the license is suspended administratively for 7 days on a first offense.
• Unreasonably refusing a breath or blood test after arrest is a civil offense the first time, with a one-year license suspension.

The limits in plain numbers

Cannabis is no exception. Being impaired by marijuana while driving is treated as drug-impaired driving, even though adult possession is legal in Virginia. Prescription and over-the-counter medicines can also impair you, so read the labels.

• Age 21 and over: 0.08 percent BAC or more is illegal per se. You can also be charged below that if alcohol or drugs affect your driving.
• Under 21: 0.02 percent BAC or more after illegal drinking is an offense on its own.
• Drugs: driving while impaired by any narcotic or other self-administered intoxicant or drug is illegal. The law also sets specific blood levels for drugs such as cocaine and methamphetamine.

Implied consent and refusing a test

By driving on Virginia roads you are deemed to agree to a breath or blood test if arrested for DUI. Refusing the first time is a civil offense that costs you your license for one year. A second refusal within 10 years of a prior DUI or refusal is a Class 1 misdemeanor with a three-year loss of driving privileges.

How a first offense adds up

• A 7-day administrative suspension starting at arrest.
• A Class 1 misdemeanor conviction with a fine of at least $250.
• A one-year license suspension after conviction.
• Mandatory jail if your BAC was 0.15 or higher.
• 6 demerit points and a criminal record that can affect college, jobs and insurance.

Common mistakes

• Believing coffee, food or a cold shower sobers you up. Only time lowers BAC.
• Thinking 'just one drink' is fine under 21. At 0.02 percent it is already an offense.
• Assuming legal cannabis is safe to drive on. Impairment is illegal regardless.
• Riding with a driver who has been drinking instead of calling for another ride.

Test yourself: Drunk and drugged driving laws in Virginia

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Virginia Bioptic Driving Rules
• How to Get a Driver’s License in Virginia
• Moving to Virginia