DUI in Virginia: the law, the limits and the device
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Virginia calls it DUI — driving under the influence, and you will see DWI and drunk driving used for the same offense. What follows is what this state sets, taken from its own published rules rather than from a national summary.
What Virginia law actually requires
Virginia writes the requirement into the restricted license itself: the court prohibits you from driving anything without a certified interlock for at least 12 consecutive months free of alcohol-related violations. The device must block ignition above 0.02% and run rolling retests, which sound the horn and flash the lights if you fail or skip one.
- First offense: Not less than 12 consecutive months without an alcohol-related violation of the interlock requirements, and no longer than the period of suspension and restriction
- Lockout threshold: 0.02% — the statute defines the system as one that blocks ignition above that reading, and a rolling retest above it sounds the horn and flashes the lights
- Program run by: A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP
Source: law.lis.virginia.gov, checked 2026-08-23
DUI vs DUI in Virginia
In Virginia there is one offense and one label. If you have seen DWI, OWI or OVI used elsewhere, that is another state’s vocabulary for the same conduct — nothing about the seriousness changes when you cross a state line, only the letters on the paperwork.
Whatever it is called, the licensing consequence is the same shape: a suspension, then the device as the condition of driving again. All six abbreviations, side by side →
Can you get a DUI on a bike or a horse in Virginia?
It turns on one word in the statute. Where the law says “vehicle”, no engine is required and the charge can reach a bicycle, a horse or a mobility scooter. Where it says “motor vehicle”, the analysis is different. This is decided by your state’s own wording, not by national custom, and it is the first thing to check before assuming a bike ride home is safe.
Where this state departs from the national picture
Most of what people read about drunk driving is written for the country as a whole. These are the points where Virginia does something of its own.
FR-44 for 3 years
Virginia does not use the SR-22 after a DUI. It uses its own form, the FR-44, and the difference is not paperwork but money: the statute requires coverage at double the ordinary minimum. The form is required after a conviction for driving under the influence under § 18.2-266, for maiming while under the influence under § 18.2-51.4, for § 18.2-272, and for equivalent offences elsewhere. DMV sets the filing period for financial responsibility at three years.
How often this happens in Virginia
Federal crash records show the scale the state is legislating against, and how it compares with the country.
Cases are heard where the stop happened, and volume shapes local practice. These VA counties record the most:
Source: NHTSA Fatality Analysis Reporting System, 2020–2022. Counts crashes where police recorded that a driver had been drinking, which is narrower than the federal 0.08 measure and therefore understates the real figure. Virginia runs above the national share.
What it costs to get driving again in Virginia
Virginia is one of the few states that publishes what a provider may charge, so a quote here is checkable against the regulation rather than against another quote.
The two clocks in Virginia
The court case and the licensing case run separately. The licensing side moves first, and in the strictest states the window to request a hearing is measured in days — it runs whether or not you have hired anyone.
Virginia cities
The county that hears your case is set by where the stop happened, and local practice differs across the state.
DUI questions in Virginia
Is it called DUI or DUI in Virginia?
Virginia uses DUI — driving under the influence. You will also see DWI, drunk driving used for the same thing. The label follows the state, not the seriousness of what happened, so paperwork from elsewhere may say something different about identical conduct.
What is the legal limit in Virginia?
0.08% for drivers 21 and over, as in every state except Utah, which sits at 0.05%. Below the limit you can still be charged if an officer documents impairment. The reading that triggers the interlock here is a separate number: 0.02% — the statute defines the system as one that blocks ignition above that reading, and a rolling retest above it sounds the horn and flashes the lights
How long does the interlock stay on after a first offense in Virginia?
Not less than 12 consecutive months without an alcohol-related violation of the interlock requirements, and no longer than the period of suspension and restriction The program is run by A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP.
Can you get a DUI on a horse or a bicycle in Virginia?
The answer is in whether the statute says “vehicle” or “motor vehicle”. Where it says vehicle, no engine is needed and the charge can reach a bike or a horse; where it says motor vehicle, it cannot. This is one of the most searched questions in the whole subject and one of the most confidently answered wrongly — the wording of your own state decides it.
A first DUI here →A second DUI here →When a DUI is a felony in Virginia →
When a charge becomes a felony → The test and the refusal → How long it stays on your record →Virginia SR-22 rules →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.