What Happens After a DUI Arrest in Virginia?

 Posted on July 10, 2026 in DUI

What Happens After a DUI Arrest in Virginia?

Castellano Law Firm knows DUI defense. We represent DUI clients from all walks of life, and we don’t cut corners. Every case gets the time, attention, and dedication it deserves. Understanding your rights and acting quickly can make all the difference in the outcome of your case.  

What is a DUI?

In Virginia, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated or Driving While Impaired) are used interchangeably. Virginia Code defines DUI as follows: 

§ 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.

It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).

To put it into simpler terms, a person can be convicted of DUI if their blood alcohol concentration (BAC) is 0.08% or higher, or their driving ability is impaired by alcohol or drugs, even if their BAC is below 0.08%.

What are the Consequences of a DUI?

Potential consequences may include a jail sentence, fines and court costs, probation, community service, and a mandatory alcohol education program called the Virginia Alcohol Safety Action Program. Aggravating factors that impact a sentence include an elevated BAC, the number of prior DUI convictions, whether the DUI resulted in an accident, and whether a minor was present in the vehicle.

Driver’s license suspension and restrictions, a costly ignition interlock system, and increased insurance rates are all examples of the serious effects a conviction can have on your driving privileges.

On top of all this, refusing a breath or blood test can carry separate penalties. A first refusal is treated as a civil offense that carries a mandatory 12-month license suspension with no possibility of a restricted license. A second or subsequent offense is a misdemeanor that carries a mandatory 3-year license suspension with no possibility of a restricted license for the first year, plus a possible jail sentence and heavy fine.

What Are Some Common Mistakes People Make?

After being arrested for a DUI, many people feel compelled to answer questions and participate in field sobriety tests. Legally, you may remain silent and refuse to do field sobriety tests. You can even refuse the preliminary breath test (PBT), the breathalyzer offered before the actual arrest.

However, if the officer determines there is probable cause to make an arrest, the situation changes. Once arrested, you may still refuse to answer questions, but the post-arrest breath or blood test is a legal requirement under Virginia’s Implied Consent Law.

Some common mistakes include talking too much to police, posting about the incident on social media, missing court dates, and not hiring an attorney in a timely manner.

What Should I Do Now?

Hire an experienced attorney. Castellano Law Firm takes your calls at all hours, and we are here to serve you. When you retain Castellano Law Firm, you have a lawyer who protects your constitutional rights, ensures the stop was lawful, determines whether the officer had probable cause, and meticulously reviews the officer’s body camera footage to assess the accuracy of the field sobriety tests and the breath or blood procedure.

For a world-class defense, contact Castellano Law Firm today.