Virginia DUI Laws Laws 2026

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Quick Answer

Illegal

Driving under the influence of alcohol or drugs is illegal in Virginia. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers 21+, 0.04% for commercial drivers, and 0.02% for drivers under 21 (zero tolerance).

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Status

Illegal

Restrictions

BAC limit 0.08% for drivers 21+. Zero tolerance for under 21 (0.02% BAC). Commercial drivers 0.04%. Implied consent law applies — refusal to submit to

Prohibited Locations

Driving under the influence is prohibited on all public roads, highways, and private property open to public access. Boating under the influence (BUI) is separately prohibited under state boating laws.

Last Updated

2026-05-24

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📖 Statute Reference

Va. Code Ann. § 18.2-266

Source: Virginia state legislature & applicable code sections

🚨 Penalties for Violations

Aggravated DUI (high BAC, repeat offenses, or with minor in vehicle) can result in fines from Virginia range up to $10,000, mandatory jail time, license suspension from 90 days to 3 years, mandatory ignition interlock device, and alcohol education programs.

Penalties vary by local jurisdiction within Virginia — consult a local attorney for your specific situation

📄 Exceptions & Special Cases

No exceptions for DUI. Legal prescription medications that impair driving are treated the same as alcohol or illicit drugs. Emergency situations may be considered mitigating factors but are not a defense.

🔄 Recent Changes

2025-2026: Several states tightened DUI penalties for high-BAC offenders and expanded ignition interlock requirements. Cannabis-impaired driving laws continue to evolve as more states legalize cannabis.

Last verified 2026-05-24. Laws may have changed since this date.

🔍 Expanded Analysis: Virginia DUI Laws Laws

What this means for residents and visitors: An in-depth review of DUI Laws laws in Virginia finds that the substance is classified as 'Illegal' under current state and federal statutes. Driving under the influence of alcohol or drugs is illegal in Virginia. The legal blood alcohol concentration (BAC) limit is 0.08% for drivers 21+, 0.04% for commercial drivers, and 0.02% for drivers Individuals planning to possess, purchase, or distribute DUI Laws in Virginia should be aware that BAC limit 0.08% for drivers 21+. Zero tolerance for under 21 (0.02% BAC). Commercial drivers 0.04%. Implied consent law applies — refusal to submit to chemical testing results in automatic license sus. We recommend consulting a qualified local attorney before relying on any legal status summary.

Related restrictions: BAC limit 0.08% for drivers 21+. Zero tolerance for under 21 (0.02% BAC). Commercial drivers 0.04%. Implied consent law applies — refusal to submit to chemical testing results in automatic license suspension.

This analysis is based on public legal sources as of 2026-05-24 and is not legal advice

🔗 Official Resources

Source: https://www.virginia.gov/

Official state government sources were referenced for this page

Check neighboring states

Kentucky Maryland North Carolina Tennessee West Virginia District of Columbia

Frequently Asked Questions

What are the DUI laws in Virginia?

DUI is illegal in Virginia. Driving under the influence of alcohol or drugs is illegal in Virginia. The legal blood alcohol concentration (BAC) limi

What is the legal BAC limit in Virginia?

BAC limit 0.08% for drivers 21+. Zero tolerance for under 21 (0.02% BAC). Commercial drivers 0.04%. Implied consent law

What are the penalties for a DUI in Virginia?

Aggravated DUI (high BAC, repeat offenses, or with minor in vehicle) can result in fines from Virginia range up to $10,0

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