Blood Alcohol Content

blood alcohol content in VirginiaOne of the easiest ways that the Commonwealth can prove a DUI in Virginia is through evidence of the driver’s Blood Alcohol Content (BAC).  Blood Alcohol Content in Virginia is measured by a breathalyzer test performed at the police station after a driver is arrested for a DUI.  According to Va. Code §18.2-269(A), the BAC results from this test are indicative of the driver’s BAC while driving.  Unlike Preliminary Breath Test (PBT) results, BAC readings from the breathalyzer test can come into evidence against a driver in a DUI trial.  For more information on breathalyzer tests in Virginia, click here.

Implied Consent Law Requires Test to Measure Blood Alcohol Content in Virginia

Virginia drivers are required to submit to a breathalyzer test or blood test after an arrest for a DUI (Va. Code §18.2-266), Underage DUI (Va. Code §18.2-266.1), or Driving on a Revoked License (Va. Code §18.2-272(B)).  This is called the implied consent law (Va. Code §18.2-268.2(A)).  The implied consent law is triggered if the driver is arrested within 3 hours of driving on a public highway.  For more information on the implied consent law in Virginia, click here.

Blood Alcohol Content in Virginia and Presumption of Being Under the Influence

If a driver’s Blood Alcohol Content in Virginia is below .05, there is a presumption that the driver was not under the influence of alcohol. If a driver’s BAC is between .05 and .08, there is no presumption that the driver was under the influence or was not under the influence.  If a Virginia driver has a BAC higher than .08, it is presumed that he is under the influence of alcohol.

DUI Penalties and Blood Alcohol Content in Virginia

A driver convicted of a first offense DUI with a BAC lower than .15 does not face any mandatory minimum jail time, but must pay a mandatory minimum fine of $250, enroll in and complete the Virginia ASAP program, install Ignition Interlock in his vehicle, and his driver’s license will be revoked.

A second DUI in 5 years in Virginia is punished with a mandatory minimum of 20 days in jail, a mandatory minimum fine of $500, payment to the Virginia Trauma Center Fund, driver’s license revocation, and mandatory participation in the Virginia ASAP program and mandatory installation of an Ignition Interlock.  A second DUI in 10 years is punished the same way except that there is a mandatory 10 days in jail instead of 20 days in jail.

A third DUI in 5 years in Virginia is a felony punished with a mandatory minimum of 6 months in jail, a mandatory minimum fine of $1000, payment to the Virginia Trauma Center Fund, indefinite driver’s license revocation, and vehicle seizure and forfeiture.  A third DUI in 10 years in Virginia is punished the same way except there is a mandatory 90 days in jail instead of 6 months (Va. Code §18.2-270(C)(1)).

A fourth DUI in 10 years in Virginia is punished with a mandatory minimum of one year in prison, a mandatory minimum fine of $1000, indefinite driver’s license revocation, and vehicle seizure and forfeiture.

For more information on DUI charges and penalties in Virginia, click here.

DUI Penalties and Blood Alcohol Content in Virginia less than .15
  • 1st DUI
    • Up to 12 months in jail (no mandatory minimum)
    • $250 mandatory minimum fine
    • 12 months driver’s license revocation
  • 2nd DUI in 5 Years 
    • 20 days in jail (mandatory minimum)
    • $500 fine (mandatory minimum)
    • 3 years driver’s license revocation (no restricted license for 1 year)
  • 2nd DUI in 10 Years 
    • 10 days in jail (mandatory minimum)
    • $500 fine (mandatory minimum)
    • 3 years of driver’s license revocation (no restricted license for 4 months)
  • 3rd DUI in 5 Years
    • 6 months in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 3rd DUI in 10 Years
    • 90 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 4th DUI in 10 Years
    • 1 year in prison (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture

Mandatory DUI Penalties with Elevated Blood Alcohol Content in Virginia

Blood Alcohol Content in Virginia at certain levels will result in mandatory minimum jail time and mandatory minimum fines IN ADDITION TO any jail time and fines already imposed from the DUI.

Blood Alcohol Content in Virginia Between .15 and .20DUI third offense in 5 years in Virginia

A driver convicted of a DUI with a BAC between .15 and .20 is punished with a mandatory minimum of 5 days in jail and a mandatory minimum fine of $500.

A second DUI within 5 or 10 years with a high BAC will be punished with even more mandatory minimum jail time.  A second DUI with a BAC between .15 and .20 results in an additional mandatory minimum of 10 days in jail (Va. Code §18. 2-270(B)(3)) and an additional mandatory minimum fine of $500 (Va. Code §18.2-270(B)(1)).

  • 1st Offense DUI, BAC between .15 and .20
    • 5 days in jail (mandatory minimum)
    • $500 fine (mandatory minimum)
    • 12 months driver’s license revocation
  • 2nd Offense DUI in 5 Years, BAC between .15 and .20
    • 30 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • 3 year driver’s license revocation
  • 2nd DUI in 10 Years, BAC between .15 and .20
    • 20 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • 3 year driver’s license revocation
  • 3rd DUI in 5 Years, BAC between .15 and .20
    • 6 months in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 3rd DUI in 10 Years, BAC between .15 and .20 
    • 90 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 4th DUI in 10 Years, BAC between .15 and .20
    • 1 year in prison (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
Blood Alcohol Content in Virginia Over .20

Blood Alcohol Content in Virginia higher than .20 will add even more mandatory minimum jail time.  If the Virginia driver has a BAC above .20, there is a mandatory minimum of 10 days in jail for a first offense.  This mandatory minimum is increased for second offense DUI convictions within 10 years.  A conviction for a second offense in 10 years with a BAC over .20 will result in a mandatory minimum confinement of 20 days in jail (Va. Code §18.2-270(B)(3), in addition to any other jail time imposed.

  • 1st DUI, BAC over .20
    • 10 days in jail (mandatory minimum)
    • $750 fine (mandatory minimum)
    • 12 months driver’s license revocation
  • 2nd DUI in 5 Years, BAC over .20
    • 40 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • 3 years driver’s license revocation
  • 2nd offense DUI in 10 Years, BAC over .20
    • 30 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • 3 years driver’s license revocation
  • 3rd DUI in 5 Years, BAC over .20
    • 6 months in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 3rd DUI in 10 Years, BAC over .20 
    • 90 days in jail (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture
  • 4th DUI in 10 Years, BAC over .20 
    • 1 year in prison (mandatory minimum)
    • $1000 fine (mandatory minimum)
    • indefinite driver’s license revocation
    • vehicle seizure and forfeiture