Is a DUI a felony in Virginia?
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On a third within ten years — and the floor depends on five. Three offenses inside ten years make the third a Class 6 felony. Then a second window decides how long you actually serve: the mandatory minimum is 90 days, but if all three fell inside five years it becomes six months. A Class 6 felony is the one class Virginia lets a court treat as a misdemeanor at sentencing — up to twelve months in jail and $2,500 instead of prison — which is why two people with the same conviction can end up in very different places.
Written any number of ways — a 3rd DUI, a DUI 3rd, a felony DUI, or simply a DUI in VA — and the paperwork will use none of them. Virginia charges it under a section number, and that is what decides the range below.
Grade. Class 6 felony
Confinement. 1 to 5 years, or up to 12 months at the court’s discretion
Fine. Mandatory minimum $1,000
Code of Virginia § 18.2-270 · Va. Code § 18.2-270(C)(1); § 18.2-10(f) · checked 2026-09-04
The facts that make a DUI a felony here
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| A reading of 0.15 or above | Mandatory days that cannot be suspended | Five days on a first offense at 0.15 to 0.20 and ten above it; ten and twenty respectively on a second within ten years. These are mandatory minimums in the strict sense: cumulative, served consecutively, and beyond the court’s power to suspend. Code of Virginia § 18.2-270 · Va. Code § 18.2-270(A), (B)(3), (F) · checked 2026-09-04 |
| Three offenses inside five years rather than ten | The mandatory minimum doubles to six months | Both windows sit in the same subsection and are easy to confuse. Ten years is what makes the third offense a felony at all; five years is what raises the floor from 90 days to six months. The mandatory minimum fine of $1,000 applies either way. Code of Virginia § 18.2-270 · Va. Code § 18.2-270(C)(1) · checked 2026-09-04 |
The device is a separate track
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.
In Virginia the interlock term runs 12 months and is administered by A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP
Virginia DUI questions
Is a DUI a felony in Virginia?
On a third within ten years — and the floor depends on five. Three offenses inside ten years make the third a Class 6 felony. Then a second window decides how long you actually serve: the mandatory minimum is 90 days, but if all three fell inside five years it becomes six months. A Class 6 felony is the one class Virginia lets a court treat as a misdemeanor at sentencing — up to twelve months in jail and $2,500 instead of prison — which is why two people with the same conviction can end up in very different places. A reading of 0.15 or above: mandatory days that cannot be suspended. Three offenses inside five years rather than ten: the mandatory minimum doubles to six months.
What does a 3rd DUI in Virginia carry?
Class 6 felony: 1 to 5 years, or up to 12 months at the court’s discretion, and a fine of mandatory minimum $1,000. The range is set by Va. Code § 18.2-270(C)(1); § 18.2-10(f), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Virginia?
A reading of 0.15 or above — mandatory days that cannot be suspended. Three offenses inside five years rather than ten — the mandatory minimum doubles to six months.
Does an interlock come with it in Virginia?
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. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by A local Alcohol Safety Action Program (ASAP), overseen by the Commission on VASAP.
Other steps in Virginia: first offense penalties and second offense penalties.
All Virginia DUI rules →Penalties across the states →Virginia DUI lawyers →Getting the license back →
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.