What statute defines DUI in Virginia?

Va. Code § 18.2-266 is the controlling DUI statute in Virginia. You can read the current text on the official code site at law.lis.virginia.gov.

What is the Virginia implied-consent law?

Va. Code § 18.2-268.2 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.

Virginia DUI Statutes: The Code Sections That Control Your Case

The statutes that control Virginia DUI cases

DUI in Virginia is defined by Va. Code § 18.2-266, and the chemical-testing rules sit in Va. Code § 18.2-268.2. Both are published in the official state code at law.lis.virginia.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.

Virginia official code — DUI statute

Statutory text, definitions, BAC thresholds and sentencing ranges.

Implied-consent provision

What refusing a breath, blood or urine test costs you.

Statute at a glance

Virginia DUI law at a glance

Sourced from the Virginia code and state agency sites. Verify current text before relying on it.

Offense name: DUI (Virginia)
Controlling statute: Va. Code § 18.2-266
Implied consent: Va. Code § 18.2-268.2
Per se BAC limit: 0.08 (0.04 CDL, 0.02 or lower under 21)
Prior-offense lookback: 10 years
First-offense fine: $250–$2,500
First-offense jail exposure: up to 1 year
Licence suspension: 1 year
Ignition interlock: Required on a first offense in most cases
Trial court: the General District Court
High-risk filing: FR-44 for 3 years

A first offense carries a mandatory minimum fine, and interlock is required for a restricted licence.

First-offense exposure under Va. Code § 18.2-266: $250–$2,500, up to 1 year of jail exposure, and a 1 year licence suspension. A first offense carries a mandatory minimum fine, and interlock is required for a restricted licence.

What Va. Code § 18.2-266 actually says

Va. Code § 18.2-266(i) — driving with a blood alcohol concentration of 0.08 percent or more by weight by volume.
Va. Code § 18.2-266(ii) — driving while under the influence of alcohol.
Va. Code § 18.2-266(iii) — driving while under the influence of a narcotic or self-administered intoxicant to a degree that impairs the ability to drive safely.
Va. Code § 18.2-266(iv)-(v) — driving under the combined influence of alcohol and a drug, or with specified concentrations of controlled substances in the blood.

Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on law.lis.virginia.gov carries an effective date — amendments passed after it are not yet reflected.

Other Virginia sections that control the case

Va. Code § 46.2-411

Reinstatement of a suspended or revoked licence and the fee.

Va. Code § 17.1-513

Circuit court jurisdiction, including appeals from general district court.

Virginia ZIP codes covered

These Virginia ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.

Browse all Virginia ZIP codes.

Counties and cities using these Virginia resources

Other Virginia official resources

Virginia DUI Courts: Where Your Case Is Heard Virginia Driver Licensing After a DUI: Hearings, Reinstatement & SR-22

Frequently asked questions

What statute defines DUI in Virginia?: Va. Code § 18.2-266 is the controlling DUI statute in Virginia. You can read the current text on the official code site at law.lis.virginia.gov.
What is the Virginia implied-consent law?: Va. Code § 18.2-268.2 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.