Virginia criminal charge
Penalty for driving while intoxicated in Virginia
Penalty for driving while intoxicated is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-270. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-270.
How is penalty for driving while intoxicated classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First offense DWI | class 1 misdemeanor | Any person violating § 18.2-266, except as otherwise provided, is guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250, plus additional mandatory jail time if BAC is 0.15 or above. | Va. Code Ann. § 18.2-270A |
| Third offense DWI within 10-year period | class 6 felony | A person convicted of three offenses under § 18.2-266 committed within a 10-year period is guilty of a Class 6 felony upon conviction of the third offense. | Va. Code Ann. § 18.2-270C |
| Subsequent DWI after prior felony-related conviction | class 6 felony | A person previously convicted of § 18.2-36.1, 18.2-36.2, 18.2-51.4, 18.2-51.5, or a felony violation of § 18.2-266 is guilty of a Class 6 felony upon conviction of a subsequent violation of § 18.2-266. | Va. Code Ann. § 18.2-270C |
Common questions about penalty for driving while intoxicated in Virginia
Is penalty for driving while intoxicated a felony or a misdemeanor in Virginia?
It depends on the circumstances: penalty for driving while intoxicated ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 18.2-270.
First offense DWI: class 1 misdemeanor (Va. Code Ann. § 18.2-270A) · Third offense DWI within 10-year period: class 6 felony (Va. Code Ann. § 18.2-270C) · Subsequent DWI after prior felony-related conviction: class 6 felony (Va. Code Ann. § 18.2-270C)
Which Virginia statute covers penalty for driving while intoxicated?
Penalty for driving while intoxicated is governed by Va. Code Ann. § 18.2-270 (Penalty for driving while intoxicated; subsequent offense; prior conviction).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.