DWI in Virginia Beach: The Law, Penalties and License Loss

“DWI” and “DUI” are two names for the same charge in Virginia. Neither abbreviation appears in the statute itself — Va. Code § 18.2-266 simply makes it unlawful to drive with a blood alcohol concentration of 0.08% or more, or while under the influence of alcohol or drugs, or at certain measured drug concentrations. Whichever word is used, the case is heard in Virginia Beach General District Court, the court with exclusive jurisdiction over the city’s traffic and misdemeanor cases under § 16.1-123.1.

What the Statute Actually Prohibits

Section 18.2-266 can be violated five different ways: a BAC of 0.08 or more; driving under the influence of alcohol; driving under the influence of a drug or combination of drugs to a degree that impairs safe driving; driving under the combined influence of alcohol and drugs; or driving with specific drug concentrations in the blood (for example, 0.02 mg/L of cocaine or 0.1 mg/L of methamphetamine). A charge under this section supports a conviction under any of the five — the Commonwealth does not have to prove all of them, just one.

First-Offense Penalties

A first DWI conviction is a Class 1 misdemeanor with a mandatory minimum fine of $250 (§ 18.2-270). That minimum is not the ceiling — the maximum under a Class 1 misdemeanor is 12 months in jail and a $2,500 fine — but the $250 is required by law and cannot be waived.

BAC at the time of the test	Additional mandatory minimum jail
Below 0.15	None beyond the fine
0.15 – 0.20	5 days
Above 0.20	10 days

These are mandatory minimums: under § 18.2-12.1, a court has no discretion to suspend or reduce them, even where it can suspend other parts of a sentence.

Repeat Offenses

Offense	Mandatory minimum fine	Mandatory minimum jail
Second, within 5 years of the first	$500	20 days (of a 1 month–1 year term)
Second, 5–10 years after the first	$500	10 days
Third, within 10 years (Class 6 felony)	$1,000	90 days (6 months if all three were within 5 years)

A third DWI within 10 years is no longer a misdemeanor at all — it is a Class 6 felony (§ 18.2-270), and the mandatory minimums above cannot be suspended or reduced by the court (§ 18.2-12.1). Anyone facing a second or subsequent charge should treat this structure as real and non-negotiable, not a starting point for negotiation.

License Loss Is Separate From the Criminal Penalty

A DWI conviction costs a driver their license on its own track, independent of any jail or fine. A first-offense conviction automatically revokes the privilege to drive for one year — the judgment itself does this, with no separate hearing required (§ 18.2-271). A second offense within 10 years extends that to three years and triggers a DMV revocation as well. This is in addition to, not instead of, any administrative suspension imposed at the time of arrest.

Anyone convicted must also complete the Virginia Alcohol Safety Action Program (VASAP) as a condition of probation (§ 18.2-271.1). The program fee is set by statute at no less than $250 and no more than $300, though a court can reduce or waive it on a finding of indigence. VASAP is separate from — and not satisfied by — a voluntary driver improvement clinic; the two are not interchangeable, and a court-ordered VASAP requirement stands regardless of anything else a driver completes on their own.

If a DWI Causes a Death

A DWI that unintentionally causes another person’s death is charged separately as involuntary manslaughter under § 18.2-36.1, on top of the DWI charge itself. Where the driving was also grossly reckless, it becomes aggravated involuntary manslaughter, a felony carrying up to 20 years, with a 1-year mandatory minimum.

Implied Consent and the Post-Arrest Test

Anyone who drives on a Virginia highway is deemed to have already consented to a breath or blood test if arrested for DWI within three hours of the alleged offense (§ 18.2-268.2). This is the post-arrest test — separate from any roadside preliminary breath test — and consent attaches at the moment of arrest, not at the traffic stop. A breath test is used first; blood is used only if breath is unavailable or the person is physically unable to take it.

DMV Points and Insurance

A DWI conviction carries 6 demerit points, which stay on a Virginia driving record for 11 years — the longest duration Virginia assigns to any violation.

Can a DWI Be Expunged in Virginia Beach or Elsewhere?

Not if it results in a conviction. Virginia’s expungement statute allows a petition only where a charge ended in an acquittal, a nolle prosequi, or a dismissal (§ 19.2-392.2) — never for a conviction, however old. A DWI charge that was dismissed outright, or resolved with a nolle prosequi, may be eligible for expungement; a DWI that ended in a guilty finding, including one reduced to a lesser charge, is a conviction and is not eligible under this statute. Anyone told otherwise should ask exactly which outcome their case actually had. Virginia also has a separate criminal-record-sealing process, distinct from expungement and not covered by the statute above; whether it applies to a particular conviction is a question for a Virginia attorney, not something to assume from this page.

What Happens in Court

Virginia Beach General District Court decides a DWI case by judge alone. A conviction — including after a guilty plea — can be appealed to Virginia Beach Circuit Court within 10 days for a completely new trial with a jury available, since General District Courts keep no transcript to review. See what a General District Court hearing involves for more on that process. Given the mandatory minimums involved, a DWI charge is not a case to navigate alone — a Virginia DWI/DUI attorney can review the specific facts, including the test methods used, in a way this page cannot.

Related Charges

For other charges that commonly overlap with a DWI stop, see reckless driving in Virginia Beach and hit and run in Virginia Beach.