• Drunk driving laws in Virginia are for adults 21 and older with a blood alcohol content (BAC) level over 0.08 percent. For drivers under 21, the maximum BAC level is 0.02 percent. Drunk driving arrests in Virginia prompt two possible prosecutions. The first is a criminal prosecution in which a conviction could include jail time, fines, and alcohol education classes. The second is a department of motor vehicles (DMV) case in which the driver's license is immediately suspended for seven days upon arrest. If convicted, a longer suspension will be determined by the court. Virginia participates in the Interstate Driver's License Compact, an agreement among states to share information on certain convictions, including driving under the influence (DUI) and driving while intoxicated (DWI). If an out-of-state driver is convicted of a drunk driving offense in Virginia, the driver's home state will be notified of the offense. As of 2010, 45 states actively participate in the Interstate Driver's License Compact.
  
  

First Drunk Driving Conviction

• In Virginia, a first DUI conviction carries a minimum $250 fine and a one-year license suspension. The maximum punishment includes a $2500 fine and one year in jail. BAC level and passengers in the vehicle under 18 are also factors that determine sentence. A minimum five-day jail sentence is included if there is a passenger under 18 in the vehicle, as well as an additional fine of $500 to $1000. A five-day jail sentence is also possible if your BAC is between 0.15 percent and 0.20 percent, and 10 days if over 0.20 percent. An ignition interlock device (IID) is mandatory if BAC level is over 0.15 percent. An IID is similar to a breathalyzer that is attached to a vehicle's dashboard. You must blow into it, and if it detects a blood alcohol concentration over the programmed limit, the vehicle will not start.
  
  

Second Drunk Driving Conviction

• A second drunk driving conviction has a minimum fine of $500 and driver's license revocation for three years. The amount of jail time received for a second offense is dependent upon the amount of time that has elapsed since the first conviction. If a second conviction comes less than five years after the first, there is an automatic jail sentence of 20 days to one year. If the offense is five to 10 years of the first, the jail sentence is a minimum of 10 days to one month.
  
  

Third Drunk Driving Conviction

• A third drunk driving conviction includes a minimum $1000 fine and an indefinite license suspension. You may petition the court to reinstate your license after five years. If reinstated, an ignition interlock device is required in your vehicle. If a third conviction comes within five years of your last offense, you will receive a minimum six-month jail sentence. If five to 10 years of the last offense, you will receive a minimum 90-day sentence.