Last reviewed October 23, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
A second DUI conviction in Virginia carries mandatory jail time, a mandatory minimum fine of $500 and a three-year license revocation. Under Va. Code § 18.2-270(B), a second offense within five years of the first carries at least 20 days of mandatory jail; a second offense within five to 10 years carries at least 10 days. Under Va. Code § 18.2-271(B), a second conviction within 10 years takes away the privilege to drive for three years. Here is how a second DUI works in Northern Virginia.
What counts as a second DUI in Virginia?
A DUI is treated as a second offense when the underlying conduct occurs within 10 years of a prior DUI conviction. The exact gap between the two offenses matters, because Va. Code § 18.2-270(B) sets different mandatory minimums for a second offense within five years and one within five to 10 years.
Prior convictions from other places can count. Va. Code § 18.2-270(E) treats convictions under a substantially similar local ordinance, or the substantially similar law of another state or of the United States, as prior DUI convictions. A prior DUI from a different state may count as a predicate offense.
Is a second DUI a misdemeanor or a felony in Virginia?
A second DUI is a misdemeanor in Virginia. Va. Code § 18.2-270(A) makes DUI a Class 1 misdemeanor except as the statute provides otherwise, and a Class 1 misdemeanor carries up to 12 months in jail and a fine of up to $2,500 (Va. Code § 18.2-11). A third DUI within 10 years is different: it is a Class 6 felony under Va. Code § 18.2-270(C)(1).
How much jail is mandatory for a second DUI in Virginia?
The mandatory minimum depends on how long ago the first offense was and on the blood alcohol level. These minimums come from Va. Code § 18.2-270:
| Second offense | Mandatory minimum jail | Mandatory minimum fine |
|---|---|---|
| Within 5 years of the prior offense | 20 days (sentence of 1 month to 1 year) | $500 |
| Within 5 to 10 years of the prior offense | 10 days (sentence of at least 1 month) | $500 |
| Blood alcohol 0.15 to 0.20 | Additional 10 days | $500 |
| Blood alcohol above 0.20 | Additional 20 days | $500 |
| Transporting a person 17 or younger | Additional 5 days | Additional $500 to $1,000 |
Under Va. Code § 18.2-270(F), mandatory minimum punishments are cumulative and mandatory jail terms are served consecutively. For example, a second offense within five years with a blood alcohol level of 0.16 carries at least 30 days of mandatory jail: 20 days for the second offense and 10 more for the blood alcohol level.
How long will I lose my license after a second DUI in Virginia?
A second DUI conviction within 10 years of the first takes away the privilege to drive in Virginia for three years from the date of conviction (Va. Code § 18.2-271(B)), and the DMV revokes the license for three years (Va. Code § 46.2-391(A)).
- At arrest: when the charge is a second offense and the breath test result is 0.08 or higher, the license is suspended for 60 days under Va. Code § 46.2-391.2(A), or until the trial if that comes first, but not for less than 7 days. For a first offense the same suspension is 7 days.
- After conviction: the three-year revocation under Va. Code § 18.2-271(B) and § 46.2-391(A).
- Restoring the license: for any offense other than a first offense, the court must order that restoring the license be conditioned on an ignition interlock on each vehicle the person owns or that is registered to them (Va. Code § 18.2-271.1(C)). A first offense requires that ignition interlock be installed on any vehicle the person operates, not every vehicle owned or registered to the person (Va. Code § 18.2-270.1(B), (D)).
Can I get a restricted license after a second DUI in Virginia?
A restricted license may be possible. Va. Code § 18.2-271.1(E) lets the court, for good cause, authorize a restricted permit for listed purposes such as travel to and from work, school, the Virginia Alcohol Safety Action Program (VASAP), medical care, and taking a child to school or day care. As a condition of a restricted license after a DUI conviction, Va. Code § 18.2-270.1(B) requires a functioning, certified ignition interlock for at least 12 consecutive months without alcohol-related interlock violations. Every person convicted of DUI must also be ordered to complete VASAP unless the court, for good cause, declines after an assessment (Va. Code § 18.2-271.1(A)).
Did Virginia change the waiting period for a restricted license in 2026?
Yes. Virginia used to make a driver wait before a restricted license could be issued after a second DUI: four months for a second offense within 10 years of the first, and one year for a second offense within five years. Effective July 1, 2026, the General Assembly repealed both waiting periods (2026 Va. Acts ch. 1112, House Bill 561), so the court may now consider a restricted license without that wait. A person charged with a second offense can also ask the general district court for a restricted license with an ignition interlock while the case is still pending (Va. Code § 46.2-391.2(A)).
For more on the interlock itself, see our post on ignition interlock devices in Virginia.
What if I refused the breath test on a second DUI arrest?
A refusal is far more serious when there is a prior DUI. A first refusal under Va. Code § 18.2-268.3(A)(1) is a civil offense. But under § 18.2-268.3(A)(2), refusing the breath test after arrest within 10 years of a prior DUI or refusal conviction is a Class 1 misdemeanor, and conviction takes away the privilege to drive for three years, in addition to the administrative suspension at arrest. Our post Can You Refuse a Breath Test in Virginia? explains the refusal rules in detail.
Where is a second DUI heard in Northern Virginia?
A second DUI against an adult is a misdemeanor, so it is typically tried in the General District Court for the city or county where the arrest happened:
- Alexandria: Alexandria General District Court, 520 King Street, Alexandria
- Arlington: Arlington County General District Court, 1425 North Courthouse Road, Arlington
- Fairfax County: Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax
- Loudoun: Loudoun County General District Court, 2 Church Street NE, Leesburg
- Prince William: Prince William County General District Court, 9311 Lee Avenue, Manassas
A third offense within 10 years is a felony tried in the Circuit Court. For the step-by-step process from the magistrate to trial, see What Happens After a DUI Arrest in Virginia?
What can a lawyer do on a second DUI charge?
Because the mandatory minimums turn on dates and test results, The Law Office of Kimberly Stover, PLLC looks closely at:
- whether the prior conviction really falls within the 5-year or 10-year window, and whether an out-of-state conviction is “substantially similar” to Virginia’s law;
- whether the stop, the arrest and the breath or blood test were lawful and reliable;
- the blood alcohol result, which can add 10 or 20 days of mandatory jail;
- the sufficiency of the evidence for the DUI; and
- what is needed to apply for a restricted license as early as the law allows.
For how a DUI affects your license generally, see Will I Lose My License After a DUI Arrest in Virginia?
Frequently asked questions
No. A second DUI is a Class 1 misdemeanor under Va. Code § 18.2-270. A third DUI within 10 years is a Class 6 felony under § 18.2-270(C)(1).
At least 20 days if the second offense is within five years of the first, and at least 10 days if it is within five to 10 years (Va. Code § 18.2-270(B)). A blood alcohol level of 0.15 to 0.20 adds 10 days, and above 0.20 adds 20 days.
Three years from the date of conviction when the second offense is within 10 years of the first (Va. Code § 18.2-271(B); § 46.2-391(A)). At arrest, if the breath test result is 0.08 or higher, the license is also suspended for 60 days or until trial, but not less than 7 days (§ 46.2-391.2(A)).
It can. Va. Code § 18.2-270(E) counts convictions under the substantially similar law of another state or of the United States as prior DUI convictions.
Charged with a second DUI in Northern Virginia?
The Law Office of Kimberly Stover, PLLC defends DUI charges in Alexandria, Arlington, Fairfax, Loudoun and Prince William. See our DUI pages for Fairfax, Arlington, Loudoun, Prince William and Alexandria, and our overview of DUI penalties in Virginia.
About the author
Kimberly Stover is the founding attorney of The Law Office of Kimberly Stover, PLLC. A former public defender, she has more than 15 years of Virginia criminal defense experience and serves on the boards of the Virginia Association of Criminal Defense Lawyers (VACDL) and Justice Forward Virginia. She is a graduate of Georgetown University Law Center. Offices: 211 North Union Street, Suite 100, Alexandria, VA 22314, and 8280 Willow Oaks Corporate Drive, Suite 600, Fairfax, VA 22031. Full attorney profile · (571) 554-5977
Call (571) 554-5977 to talk with us about your case.
This post is general information about Virginia law, not legal advice.
