📅 2026 Update: Changes in Virginia Traffic Fines and DUI Laws

Since the original article was written, Virginia has seen important updates in its traffic fines and DUI laws. These changes affect penalties, license requirements, and legal processes for drivers charged with DUI. You can find more details about the older laws and fines further down this page.

🚦 Mandatory Ignition Interlock Devices (IIDs)

As of July 1, 2025, Virginia law mandates the installation of ignition interlock devices for all drivers who want a restricted license after a DUI conviction, including first-time offenders. This means that anyone seeking to regain their driving privileges must comply with this requirement.

  • 🚗 Installation Costs: Drivers are responsible for the costs of installing and maintaining the IID.

⚖️ Changes to DUI Offense Penalties

The penalties for DUI offenses have specific structures based on the number of offenses. Here’s a breakdown of current fines:

  • 🚨 First DUI Offense: Minimum fine is $250, with a maximum of $2,500. For a BAC between 0.15% and 0.20%, there is a mandatory minimum jail time of 5 days. If the BAC exceeds 0.20%, the jail time increases to 10 days.
  • ⚠️ Second DUI Offense: Minimum fine jumps to $500. Mandatory jail time is 10 days, and the license is revoked for 3 years.
  • 🔒 Third DUI Offense: This is classified as a Class 6 felony. Fines start at $1,000, with a mandatory minimum jail time of 90 days and a 3-year license revocation.

📝 Criminal Record Sealing

Effective July 1, 2026, Virginia will start sealing certain criminal records, including some misdemeanor convictions. However, DUI convictions will still not be eligible for sealing. This means that a DUI will remain on an individual's record permanently.

🚦 Virginia Alcohol Safety Action Program (VASAP)

Completing the Virginia Alcohol Safety Action Program (VASAP) is a requirement for license reinstatement after a DUI conviction. The duration of the program may vary, so individuals should contact their local VASAP office for specific timelines.

📌 Key Points Summary

  • 🔑 Mandatory ignition interlock devices are now required for restricted licenses after a DUI.
  • 🚦 Fines and penalties for DUI offenses are structured by the number of offenses.
  • 🗃️ DUI convictions cannot be sealed or expunged from records.
  • 📝 Completion of VASAP is necessary for regaining driving privileges.

💡 Tips for Navigating Virginia DUI Laws

Reviewing the details of your specific situation with an attorney is critical.

🔍 Understand BAC Limits

Know the Blood Alcohol Concentration (BAC) limits in Virginia. A BAC of 0.08% is the legal limit for most drivers. Underage drivers face stricter limits, with a BAC of 0.02% leading to a DUI charge.

⏳ Apply Promptly for Restricted License

After serving the mandatory suspension period, apply for a restricted license through the Virginia DMV. Completing the necessary steps quickly can help minimize the time without driving privileges.

💰 Prepare for Fines and Costs

Be ready for fines that can range from $250 to $2,500 for DUI offenses. Additionally, costs related to ignition interlock device installation must be considered.

📜 Complete VASAP on Time

Enroll in and complete the Virginia Alcohol Safety Action Program (VASAP) as soon as possible. This is a requirement for license reinstatement and may affect how quickly you can drive legally again.

🚫 Know the Consequences of Refusal

If you refuse to submit to a breath or blood test, expect a 1-year license suspension. A second refusal within 10 years results in a 3-year suspension and a potential criminal charge.

❓ Frequently Asked Questions

❓ What happens if I refuse a breath test in Virginia?

Refusing a breath test results in a 1-year license suspension. A second refusal within 10 years can lead to a 3-year suspension and a criminal charge.

⚠️ How long does a DUI conviction stay on my record?

A DUI conviction remains on your DMV driving record for 11 years. It cannot be expunged or sealed.

🚗 Can I get a restricted license after a DUI?

Yes, you can apply for a restricted license after serving the mandatory suspension period. You must meet all requirements, including IID installation and completing VASAP.

📅 What are the penalties for a second DUI offense?

For a second DUI offense within 10 years, there is a minimum fine of $500, a 10-day mandatory jail time, and a license revocation for 3 years.

📝 How do I enroll in VASAP?

You can enroll in VASAP after your conviction. Contact your local VASAP office for details on the enrollment process and any associated costs.

🔍 What is the impact of a DUI conviction on my insurance?

After a DUI conviction, you will need to file an FR-44 for 3 years, which can significantly increase your insurance premiums.

⚖️ Recent Court Rulings in DUI Cases

Recent court rulings in Virginia have focused on changes to DUI penalties and the use of ignition interlock devices. These rulings are relevant to understanding current legal standards and procedures for DUI cases.

You can browse more rulings on the news page for the latest updates on DUI cases and related legal issues.

End of October 2026 Update





Virginia Traffic Law



Virginia Traffic fines are large and vary greatly depending on location, the number of past offenses, and the condition in which you were driving.  The state is nationally known for its strict vehicle procedures, and VA traffic fines are known to be high in cost and associated with large point values.  As always, you have the ability to appeal a Virginia traffic fine, and you will be required to stand in front of a judge and testify.




Point System




Virginia traffic fines are closely correlated with the number of points received for a violation.  Some offenses carry heavy VA traffic fines and large amounts of points, while other penalties receive small fines and no points.  In the state of VA, a driver cannot receive more than 12 points in one year or 18 points in two years.  If you receive more points than allowed, your license will be suspended.




Virginia traffic fines can increase to as much as $3000, but the rate depends on the offense and number of points.  The section below explains each penalty and the points issued for each offense.

Virginia Traffic Fines



Penalties




Virginia traffic fines vary greatly—even within the same kind of violation.  The fine depends on the number of points you receive, and below is a list of the points tagged on to each offense:




Six Point Violations




• Driving over 80 mph or 20 mph over the speed limit




• Racing




• Passing an engaged emergency vehicle




• Passing a flashing school bus




• Passing at a railroad crossing




• Driving with an obstructed view




• Driving under the influence of alcohol or drugs or driving while intoxicated




• Refusing a blood/breath test




• Being declared as a habitual offender




• Driving on suspended license




• Failure to stop at the scene of a crash




• Willful stopping




• Attempting to elude police




Four Point Violations




• Speeding 10 to 19 mph over speed limit




• Unsafe passing




• Failure to stop for pedestrian




• Failure to obey Right of Way




• Failure to drive on right side of street




• Following too closely




• Failure to signal when pulling out from curb




• Failure to obey railroad crossing signal




• Passing a vehicle stopped at railroad crossing




• Aggressive driving




• Failure to obey traffic signal




• Improper backing




• Interrupting a funeral procession




Three Point Violations




• Speeding 1 to 9 mph over speed limit




• Driving too slowly




• Improper passing on right




• Coasting with gears in neutral




• Changing course after signaling




• Driving over fire hose




• Driving on sidewalk




• Improper U-Turn




• Violation of right turn on red




• Failure to obey highway sign




• Driving without lights




• Failure to dim headlights




• Failure to have license revalidated




• Failure to change lanes for emergency vehicle




• Driving while using earphones




The above list is not a complete list.  If you would like to view a complete list, you should visit the government website of the Virginia DMV.