Drink-driving limits in Virginia (2026)
Last reviewed: 29 October 2026
In short: The general alcohol limit is set in state law and is shown where verified.
| Rule | What applies |
|---|---|
| Blood alcohol limit for ordinary driversDriving after drinking alcohol | 0.08 % blood alcohol [1] |
| Random breath tests without suspicionDriving after drinking alcohol | ⚠ Not yet verified |
| Lower limit for novice or young driversDriving after drinking alcohol | Under 21: it is unlawful to drive after illegally consuming alcohol; a blood alcohol concentration of 0.02 percent or more (0.02 grams or more per 210 litres of breath) but less than 0.08 is a violation, punished as a Class 1 misdemeanour with one year's licence forfeiture. [2] |
| Limit for professional or commercial driversDriving after drinking alcohol | Commercial motor vehicle: it is unlawful to drive with a blood alcohol concentration of 0.04 percent or more (0.04 grams or more per 210 litres of breath). [3] |
| Maximum penaltiesDriving after drinking alcohol | A Class 1 misdemeanour with a mandatory minimum fine of $250. Additional mandatory minimum jail of five days at a blood alcohol level of 0.15 to 0.20, and 10 days above 0.20. A second offence within five years carries at least 20 days in jail and a $500 minimum fine. [4] |
Notes
- Not yet verified against the state's official statutes.
Sources
- Virginia General Assembly: Code of Virginia 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc. (consulted 29 October 2026) · all sources
- Virginia General Assembly (LIS): Code of Virginia 18.2-266.1: Persons younger than 21 years of age driving after illegally consuming alcohol; penalty (consulted 29 October 2026) · all sources
- Virginia General Assembly (LIS): Code of Virginia 46.2-341.24: Driving a commercial motor vehicle while intoxicated, etc. (consulted 29 October 2026) · all sources
- Virginia General Assembly (LIS): Code of Virginia 18.2-270: Penalty for driving while intoxicated; subsequent offense; prior conviction (consulted 29 October 2026) · all sources
National rules that also apply
These rules are set at national level in the United States and apply here too, alongside the rules above. All national rules for the United States
| Limit for professional or commercial drivers | 0.04% alcohol concentration or more: a driver subject to commercial driver's licence rules must not report for or remain on duty performing safety-sensitive functions, and an employer who knows of it must not let the driver continue. (source: Electronic Code of Federal Regulations (Office of the Federal Register)) |
|---|
Virginia and neighbouring states
| State | Blood alcohol limit for ordinary drivers | Lower limit for novice or young drivers | Limit for professional or commercial drivers | Random breath tests without suspicion | Maximum penalties |
|---|---|---|---|---|---|
| Virginia | 0.08% | 0.02% (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | Class 1 misdemeanour; fine min. $250 |
| District of Columbia | 0.08% | Any amount (under 21) | 0.04% (commercial vehicle) | ⚠ Not yet verified | Up to 180 days; $1,000 fine |
| Kentucky | 0.08% | 0.02% (under 21) | Any alcohol; 0.04% = DUI | Yes, traffic safety checkpoints | Up to 30 days; $200-$500 fine |
| Maryland | 0.08% | Any alcohol (under 21) | Any alcohol (commercial); 0.04% disqualifies | ⚠ Not yet verified | Up to 1 yr jail / $1,200 (1st) |
| North Carolina | 0.08% | Zero (under 21) | 0.04% (commercial vehicles) | Checkpoints authorised (set pattern) | Up to $10,000 and 36 months (aggravated) |
| West Virginia | 0.08% | 0.02% (under 21) | 0.04% commercial | ⚠ Not yet verified | Up to 6 months; $100-$500 fine |
More rules in Virginia
- CannabisPossession for personal use: Legal for adults 21+ within limits · Growing at home: Up to 4 plants per household
- Car speed limitsBuilt-up areas: 25 mph; 35 mph elsewhere in towns · Outside built-up areas (single carriageway): 55 mph
- Minimum age for a car driving licenceMinimum age for a car licence: 16 yrs 3 mths (provisional licence) · Earliest age to drive a car supervised: 15 yrs 6 mths (learner's permit)
- E-bikes and speed pedelecsLegal class: Three classes · Minimum age: Class three: 14, or supervised
- FireworksConsumers may buy and use category F2 fireworks: No (only permissible fireworks)
- Knives and pepper sprayFolding pocket knives: Concealed list; folding knife not named · Locking or one-handed knives: Not named; "like kind" clause
- Statutory minimum wageNational statutory minimum wage: Yes (state law) · Current adult minimum wage (gross): $12.77 per hour
- Using a mobile phone while drivingHolding a phone while driving banned: Banned · Hands-free use: Allowed
- Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes
- Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
- Drinking age and alcohol salesMinimum age to buy beer and wine: 21 · Minimum age to buy spirits: 21
Related pages
General information, not legal advice. Rules change: check the official source before you fly or ride.