Last reviewed October 16, 2026 by Kimberly Stover, The Law Office of Kimberly Stover, PLLC
After a DUI arrest in Virginia, the case moves through five stages: the breath or blood test, the magistrate, an automatic license suspension, the first court date (advisement), and trial in the General District Court. For a first offense, the driver’s license is suspended for 7 days right away under Va. Code § 46.2-391.2 if your breath alcohol test result is 0.08 or higher (or 0.02 or higher if under 21), and the charge itself is a Class 1 misdemeanor under Va. Code § 18.2-270, with a mandatory minimum fine of $250 if convicted. Here is what happens at each step in Alexandria, Arlington, Fairfax, Loudoun and Prince William.
Step 1: What happens at the roadside and at the police station?
Before an arrest, an officer may ask for a preliminary breath test on a handheld device. Under Va. Code § 18.2-267, a driver may refuse that roadside test, and the refusal cannot be used against you as evidence at trial. It is used as evidence to support probable cause for an arrest.
After an arrest, Virginia’s implied consent law, Va. Code § 18.2-268.2, requires a driver arrested for DUI within three hours of the alleged offense to give a breath sample (or a blood sample if a breath test is unavailable or the person is physically unable to give one). Refusing that post-arrest test is a separate charge with its own license loss; see Can You Refuse a Breath Test in Virginia? What Refusal Really Costs.
An officer who did not see the driving can still make a warrantless DUI arrest within three hours of the alleged offense, at any location, if the officer has probable cause (Va. Code § 19.2-81(D)).
Step 2: What happens in front of the magistrate?
After testing, the officer brings the arrested driver before a magistrate, who issues the charging document (usually a warrant) and decides on release. Under Va. Code § 19.2-120, a person held in custody must be admitted to bail unless there is probable cause to believe the person will not appear in court or that release would be an unreasonable danger to the person, to family or household members, or to the public. Our article Bail and Bond in Northern Virginia: How to Get Someone Out of Jail explains the options.
Step 3: Is my license suspended right away after a DUI arrest?
Usually, yes. When the post-arrest breath test shows a blood alcohol concentration of 0.08 or more (0.02 or more for drivers under 21), or the driver is charged with refusing the breath or blood test, Va. Code § 46.2-391.2 suspends the license immediately (§ 46.2-391.2(A)):
| Charge | Administrative suspension (§ 46.2-391.2) |
|---|---|
| First offense | 7 days |
| Second offense | 60 days, or until trial if sooner (but not less than 7 days) |
| Third or subsequent offense | Until the trial date |
During the suspension, the driver may ask the General District Court in the locality of the arrest to review it. This suspension is separate from any license revocation after a conviction. See Understanding the 7-Day Administrative License Suspension in Virginia and Will I Lose My License After a DUI Arrest in Virginia?
Step 4: What happens at the first court date after a DUI arrest?
The first court date is usually an advisement (sometimes called an arraignment). The judge confirms the charge, and, under Va. Code § 19.2-157, a person who appears without a lawyer on a charge that carries possible jail time is told of the right to counsel. The court then sets the trial date. The advisement is not the trial. Read more in What Happens at My First Court Hearing in Virginia?
Step 5: Where is a DUI tried in Northern Virginia?
A first or second offense DUI against an adult is a misdemeanor 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 person convicted of a misdemeanor in district court has 10 days to appeal to the Circuit Court for the same locality, where the case is heard again from the beginning (Va. Code § 16.1-132).
What are the penalties if a first DUI ends in a conviction?
A first offense DUI under Va. Code § 18.2-266 is a Class 1 misdemeanor (§ 18.2-270(A)). The figures that apply:
- Fine: mandatory minimum $250; maximum $2,500 (§ 18.2-11).
- Jail: up to 12 months (§ 18.2-11). A blood alcohol level of 0.15 to 0.20 adds a mandatory minimum 5 days; over 0.20 adds a mandatory minimum 10 days (§ 18.2-270(A)).
- License: the conviction itself revokes the privilege to drive for one year (§ 18.2-271(A)).
- ASAP: the court must order the Virginia Alcohol Safety Action Program (§ 18.2-271.1(A)).
- Restricted license: the court may allow a restricted driver’s license with the installation of an ignition interlock device as a condition (§ 18.2-270.1(B)).
For second and later offenses, see Penalties for DUI Conviction in Virginia.
Frequently asked questions
It varies by court. The first date appears on the summons or bond paperwork from the magistrate, and the trial date is set at or after the advisement.
Not during the administrative suspension, which is 7 days for a first offense under Va. Code § 46.2-391.2. The license is not revoked for a year unless there is a conviction (§ 18.2-271).
Yes. A first offense DUI is a Class 1 misdemeanor under Va. Code § 18.2-270, the most serious class of misdemeanor in Virginia, and a conviction creates a criminal record.
No. Under Va. Code § 18.2-267, the preliminary breath test result is not admissible in the DUI prosecution, and a refusal of the roadside preliminary breath test cannot be used against you as evidence at trial.
Arrested for 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.
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.
