Virginia has always taken DUI (driving under the influence) seriously, but 2025 brings even tougher penalties and streamlined enforcement. Whether it’s your first offense or you’ve been through the process before, the new DUI laws raise the stakes significantly. If you drive in Virginia, here’s what you need to know to stay on the right side of the law—and out of court.
Limits
Let’s start with the basics. Virginia still follows a legal BAC (blood alcohol content) limit of 0.08% for drivers 21 and older. For commercial drivers, the limit is 0.04%, and for anyone under 21, it’s 0.02%.
But in 2025, officers are being trained to rely even more on field sobriety and behavioral cues. That means even if you’re under the limit but appear impaired, you can still be charged.
First-Time
The new laws make even a first-time DUI conviction more painful. Here’s a quick breakdown of what you can expect:
| Penalty Type | First Offense (2025) |
|---|---|
| License Suspension | 1 year (restricted license optional) |
| Fine | Minimum $500 (was $250 pre-2025) |
| Jail Time | Up to 12 months (5 days mandatory if BAC ≥ 0.15%) |
| Ignition Interlock | Required for restricted license use |
| Alcohol Safety Program | Mandatory ASAP enrollment |
If your BAC is 0.15% or higher, jail time is no longer avoidable—even for first-timers.
Repeat
Repeat offenders face steep escalations in 2025. The timeline for what counts as a “repeat” has also been extended from 5 to 10 years.
| Offense Count | Jail Time | Fine | License Suspension |
|---|---|---|---|
| 2nd (within 10 yrs) | 10–12 months (20 days mandatory) | $1,000+ | 3 years |
| 3rd (felony) | 1–5 years prison | $2,500 | Indefinite |
A third DUI is now a Class 6 felony, meaning you’ll have a criminal record for life. And yes, you’ll still have to install an ignition interlock device, even after you regain driving privileges.
Refusal
Refusing a breathalyzer or blood test? That’s where things get trickier.
- First refusal: Now a criminal offense, not just civil. Class 1 misdemeanor.
- License suspension: 1 year (no restricted license for 12 months).
- Court costs and jail time: Up to $2,500 fine and 12 months jail.
So while you technically have the right to refuse, the penalty might be worse than just taking the test.
Devices
One major update for 2025: Virginia now mandates ignition interlock devices (IIDs) for all DUI convictions, even if you don’t request a restricted license. That means your car won’t start until you pass a breath test—every time.
Plus, tampering with or removing the device is now considered a separate criminal offense.
Underage
Drivers under 21 have it even tougher. Virginia’s “Zero Tolerance” policy includes:
- BAC 0.02% to 0.08%: Class 1 misdemeanor
- License suspension: Minimum 1 year
- Fine: Up to $500
- Community service: Minimum 50 hours
And yes, underage drivers can also be required to install an IID and attend alcohol education programs.
Virginia’s updated 2025 DUI laws send a clear message: if you drink and drive, expect serious consequences. With higher fines, mandatory jail time, and stricter enforcement, the state isn’t cutting any slack—even for first-timers. Your best move? Hand over the keys and call a ride. It’s a lot cheaper than a DUI.
FAQs
Is jail mandatory for first DUI in 2025?
Yes, if your BAC is 0.15% or higher.
How long is license suspended for 1st DUI?
One year, with restricted license possible.
Are ignition interlocks now mandatory?
Yes, for all DUI convictions including first-time.
Can you refuse a DUI test in Virginia?
Yes, but it’s now a misdemeanor with harsher penalties.
Is DUI still a felony on third offense?
Yes, the third DUI is a Class 6 felony in 2025.
