A first DUI conviction in Virginia brings a one-year loss of driving privileges and a criminal record that cannot be expunged, which is why a Northern Virginia DUI lawyer looks past the first court date to the long-term effects. Those effects can reach your commute, your job, and any application that involves a background check. In the video above, Monument Legal partner Nabeel Kibria explains that even a well-handled first DUI can spill into daily life. This article is general information from Monument Legal, and the Virginia rules below come from the Code of Virginia and the Virginia Department of Motor Vehicles.
Quick answer: Under Va. Code § 18.2-271(A), a first DUI conviction in Virginia brings a one-year loss of driving privileges, though a judge may grant a restricted license, typically conditioned on ignition interlock. The conviction is a Class 1 misdemeanor, adds 6 DMV demerit points for 11 years, and cannot be expunged or sealed under Virginia law.
A first DUI conviction brings a one-year loss of driving privileges. That comes on top of a short administrative suspension at the time of arrest. The license consequences happen in two stages:
In the video, Nabeel describes the later suspension as “six months to a year.” The statute sets one year for a first conviction. What can change is how much of that year a person spends without any driving privilege at all, which depends on whether the court grants a restricted license.
A restricted license lets a person drive for limited purposes set by the court, such as getting to work. Under Va. Code § 18.2-271.1, a court may issue one for good cause, and the same statute requires the person to enter the Virginia Alcohol Safety Action Program (VASAP), a court-ordered alcohol safety program. Under Va. Code § 18.2-270.1, a first-offense restricted license requires an ignition interlock, a breath-testing device that keeps the car from starting if it detects alcohol. The interlock period is generally at least 12 consecutive months, and an adult first offender may ask the court to shorten it to 6 months with added restrictions. The Virginia General Assembly amended these rules in 2026 (HB 561), so the current statute and the judge’s order control. The Fairfax County General District Court explains its process on its restricted license page.
A first offense DUI under Va. Code § 18.2-266 is a Class 1 misdemeanor with a mandatory minimum $250 fine, and the penalties rise with the BAC.
It can. A DUI conviction is a criminal conviction in Virginia, and the law gives no way to remove it from the record later.
“A first DUI, if not handled properly, but even when handled properly, can still come with a lot of ramifications that will spill into your daily normal life.”
Nabeel Kibria, Partner, Monument Legal
Nabeel points out that a conviction can surface whenever someone runs a serious background check, including for a job, an apartment, a home purchase, or a loan. What a particular check reveals depends on the type of check and who runs it. Jobs that involve driving can also be affected directly by the license suspension and the DMV record. Auto insurers may review your driving record as well, so ask your insurer how a conviction would affect your policy.
No. Under Va. Code § 19.2-392.2, expungement is generally limited to charges that end in an acquittal, a dismissal, or a nolle prosequi, and a DUI conviction does not qualify.
No. Virginia’s record-sealing law, Va. Code § 19.2-392.12(L)(1), expressly makes DUI and refusal convictions ineligible for petition-based sealing.
Sometimes a DUI charge is resolved as a different offense, but that depends on the evidence and on the prosecutor, and it is never guaranteed.
Reckless driving under Va. Code § 46.2-852 is also a Class 1 misdemeanor under Va. Code § 46.2-868, and the Virginia DMV assigns it 6 points that stay on the driving record for 11 years. The DUI-specific consequences, such as the mandatory minimum fine in § 18.2-270 and the one-year license loss in § 18.2-271(A), are tied to a DUI conviction. Whether any reduction is realistic depends on the facts of the case.
Monument Legal’s Northern Virginia team, led by Virginia-licensed attorneys, handles DUI cases in Fairfax County and across Northern Virginia. Every case turns on its own facts, and no outcome can be promised in advance.
Does a first DUI in Virginia mean mandatory jail time?
Not in every case. Under Va. Code § 18.2-270, mandatory jail for a first offense applies when the BAC is 0.15 or higher (5 days for 0.15 to 0.20, 10 days above 0.20) or when a passenger 17 or younger was in the vehicle (5 days). Below those thresholds, the statute sets a mandatory minimum fine of $250 but no mandatory jail term. A judge can still impose jail up to the 12-month maximum for a Class 1 misdemeanor, so the facts and the court decide the actual sentence.
If my DUI charge is dismissed, can the arrest be removed from my record?
Often, yes. Va. Code § 19.2-392.2 allows a person to petition for expungement when a charge ends in an acquittal, a dismissal, or a nolle prosequi, which is the prosecutor’s formal decision not to pursue the charge. Expungement is a court process that requires a petition. The bar on expungement applies to convictions, which is why the final result of the case matters so much for your long-term record.
How does a breath test refusal affect my record compared with a DUI?
A first refusal is handled differently. Under Va. Code § 18.2-268.3, a first unreasonable refusal of the post-arrest breath or blood test is a civil offense, not a crime, and carries a one-year license suspension. A refusal within 10 years of a prior refusal or DUI conviction becomes a Class 1 misdemeanor. The Virginia DMV assigns a refusal conviction 6 points for 11 years, and Va. Code § 19.2-392.12(L)(1) makes refusal convictions ineligible for sealing, just like DUI.
Is VASAP required after a first DUI conviction in Virginia?
Yes. Va. Code § 18.2-271.1 provides that a person convicted of DUI is ordered to enter the Virginia Alcohol Safety Action Program (VASAP). The same statute is where the court’s authority to grant a restricted license for good cause appears, so VASAP and restricted driving are usually discussed together. Completing the program as ordered matters, because failing to comply with court-ordered conditions can create new problems. The court’s order spells out the specific requirements in each case.
Nabeel Kibria is a partner at Monument Legal, licensed to practice law in the District of Columbia. This video is for general information only and is not legal advice. Every case is different, and nothing in this video should be treated as guidance for your specific situation. For advice about your case, consult an attorney directly.