For all DUI offenses:
Maximum penalty for a Misdemeanor DUI conviction is:
(1) up to 1 year in jail,
(2) mandatory jail sentence for certain BAC levels and case facts (explained below)
(3) up to an indefinite suspension of your driver’s license / privileges,
(4) ignition interlock device for your vehicle,
(5) completion of ASAP (Alcohol Safety & Awareness Program),
(6) a total of 6 points on a Virginia driver’s license, and,
(7) between a $250.00 and $2,500.00 fine.

MANDATORY MINIMUM PENALTIES FOR 1ST OFFENSE AND SUBSEQUENT OFFENSES
1) If your BAC level was between .15-.20, you MUST serve at least 5 days in jail
2) If your BAC level was above .20, you MUST serve at least 10 days in jail
3) If you had a child passenger in your vehicle at the time of the offense who was under the age of 18 at the time, you MUST serve at least 5 days in jail – with an additional fine between $500.00 and $1,000.00
4) If your BAC was above .15, you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges
5) Ignition interlock device if you get a restricted license

For 2nd DUI offenses within less than a 5-year period, all of the penalties for first time offenders apply, plus:
1) you MUST serve at least 20 days in jail
2) your fine will be at least $500.00
3) if your BAC level was between .15-.20 during your second offense, you MUST serve at least a total of 30 days in jail
4) if your BAC level was above .20 during your second offense, you MUST serve at least a total of 40 days in jail
5) ignition interlock device if you get a restricted license
6) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges

For 2nd DUI offenses within a 5-10 year period, all of the penalties for first time offenders apply, plus:
1) you MUST serve at least 10 days in jail
2) your fine will be at least $500.00
3) if your BAC level was between .15-.20 during your second offense, you MUST serve at least a total of 20 days in jail
4) if your BAC level was above .20 during your second offense, you MUST serve at least a total of 30 days in jail
5) ignition interlock device if you get a restricted license
6) you vehicle MUST be equipped with an ignition interlock device for the first 6 months of your restoration of driving privileges

For 3rd DUI offenses within a 5 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:
1) you MUST serve at least 6 months in jail
2) your fine will be at least $1,000.00
3) if your BAC level was between .15-.20 during your third offense, you MUST serve another 10 days in jail in addition to the 6 months
4) if your BAC level was above .20 during your third offense, you MUST serve another 20 days in jail in addition to the 6 months
5) your vehicle is subject to seizure and forfeiture to the state
6) you vehicle MUST be equipped with an ignition interlock device

For 3rd DUI offenses within a 10 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:
1) you MUST serve at least 90 days in jail
2) your fine will be at least $1,000.00
3) if your BAC level was between .15-.20 during your third offense, you MUST serve at least a total of 100 days in jail
4) if your BAC level was above .20 during your third offense, you MUST serve at least a total of 110 days in jail
5) your vehicle is subject to seizure and forfeiture to the state
6) you vehicle MUST be equipped with an ignition interlock device

The felony contains all of the misdemeanor penalties, but has a maximum imprisonment penalty of up to 5 years.

For 4th or subsequent DUI offenses within a 10 year period – Class 6 Felony, all of the penalties for first time offenders apply, plus:
1) you MUST serve at least 1 year in jail
2) your fine will be at least $1,000.00
3) your vehicle is subject to seizure and forfeiture to the state
4) probation for up to 3 years
5) you vehicle MUST be equipped with an ignition interlock device

The felony contains all of the misdemeanor penalties, but has a maximum imprisonment penalty of up to 5 years.