Use & Lose Law: Adult 

VIRGINIA IS TOUGH On drunk and drugged drivers

 Driving Under the Influence (DUI) of Alcohol

• When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08 percent or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or watercraft is impaired.

 • A second DUI offense carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20 percent or higher at the time of the third offense, you face additional mandatory jail time.

 Driving Under the Influence (DUI) of Drugs

• If your driving is affected because you are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.

 Transporting Children While Driving Under the Influence

• You are subject to an extra penalty if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1,000 and a 40-hour community service requirement.

 Vehicle Impoundment

 • The vehicle you are driving will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol‑related offense. The court can impound the vehicle for an additional 90 days following conviction.

 The owner of the impounded vehicle (other than the driver) may petition the court for release of the vehicle.

 • Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a Class 1 misdemeanor.

 Administrative License Revocation

 • Your driver's license will be automatically revoked for seven days if your BAC is 0.08 percent or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol-related offense.

Use & Lose Laws: Under 21

 VIRGINIA IS TOUGH On underage drinkers driving under the influence of alcohol or drugs

Equal Penalties -

 • Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08 percent or higher are subject to the same penalties as persons age 21 or older.

 Zero Tolerance for Under Age 21-

 • If you are under age 21, and you drive with a BAC of at least 0.02 percent but less than 0.08 percent you will receive a fine of up to $500 and a six month driver's license suspension.

In-Car Breath Test Equipment Requirement -

 • If convicted of a second DUI offense within five years of a first offense, you will lose your license for three years. You must use an ignition interlock for six months or more on every vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years).

 Access to Alcohol for Persons Under Age 21 is Prohibited-

 • If you sell alcoholic beverages to a person under age 21, you are subject to a fine of up to $2,500 and/or 12 months in jail.

 • If you purchase alcoholic beverages for a person you know to be under age 21, you face a fine of up to $2,500 and/or 12 months in jail.

 • If you are under age 21 and you are in possession of an alcoholic beverage, you face a fine ranging from $500 to $2,500 and up to 12 months in jail.

 • Drinking or possessing alcoholic beverages on public school grounds can result in a fine of up to $1,000 and six months in jail.

 Misrepresentation of Age -

• If you are under age 21 and you use or attempt to use an altered, fictitious, simulated document, or student ID to establish a false age in an attempt to purchase alcoholic beverages you could face the following penalties:

 • a fine from $500 to $2,500

 • be required to perform at least 50 hours of community service

 • face up to 12 months in jail

 • be subject to suspension of your driver's license for up to 12 months.

Source: Virginia Department of Motor Vehicles