A first DUI in Virginia: what it can result in
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A Class 1 misdemeanor with a $250 floor under the fine. The $250 is a mandatory minimum, meaning the court cannot go below it. What people miss is the reading: at 0.15 to 0.20 the sentence adds a mandatory minimum of five days in jail, and above 0.20 it adds ten. Those days are not the judge’s to suspend, and they are served on top of anything else imposed.
Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense VA, or a first 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 1 misdemeanor
Confinement. Up to 12 months
Fine. Mandatory minimum $250, up to $2,500
Code of Virginia § 18.2-270 · Va. Code § 18.2-270(A); § 18.2-11(a) · checked 2026-09-04
What turns this DUI into something worse
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 |
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 jail time mandatory for a 1st DUI in Virginia?
The $250 is a mandatory minimum, meaning the court cannot go below it. What people miss is the reading: at 0.15 to 0.20 the sentence adds a mandatory minimum of five days in jail, and above 0.20 it adds ten. Those days are not the judge’s to suspend, and they are served on top of anything else imposed.
How likely is jail time for a first DUI in VA?
Start from what the statute forces and what it leaves to the judge. The floor here is up to 12 months, and it moves on the facts: a reading of 0.15 or above means mandatory days that cannot be suspended. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DUI in Virginia?
Class 1 misdemeanor: up to 12 months, and a fine of mandatory minimum $250, up to $2,500. The range is set by Va. Code § 18.2-270(A); § 18.2-11(a), 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.
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: second offense penalties and when it becomes a felony 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.