All US states prohibit driving under the influence, or driving with a blood alcohol content (BAC) equal or higher that .08%. While each state imposes penalties for infractions, the enforcement rules differ from state to state. Virginia has a tiered system for penalizing the first through fourth offense. DUI convictions after the fourth offense are penalized on case by case basis.

It is illegal for a driver under the age of 21 to consume any alcohol at all. In Virginia, a minimum fine of $500 plus 50 hours mandatory community service is imposed on a class one misdemeanor of driving with a BAC level of between .02 and .08. This is in addition to the driver's license suspension of six months. Jail time is also possible. Underage drivers face the same charges as adults if their BAC is .08 or higher.

An adult driver charged with a first DUI face a 1 year suspension of driving privileges along with a $250 fine. A 5 day jail sentence is mandatory punishment in Virginia for drivers caught with a BAC of .15 to .19, increased to 20 days if the BAC reaches .20 or higher. Second offenses occurring within 5 years of the first conviction are punishable by a jail sentence of no less than one month and up to one year. A mandatory jail time of 20 days and a fine of $500 is also faced by these offenders. If it's been more than five years but less than ten years since the first offense, a maximum 3 year license suspension could accompany the mandatory jail sentence of between 10 days to one month.

A minimum fine of $1,000 is imposed on the class 6 felony convictions that third and fourth time offenders face. Conviction means the driver's license is suspended indefinitely, and until reinstatement, the offender remains on probation. A minimum jail sentence of 90 days is imposed with a third conviction, and the fourth time offender will serve a year or more. The minimum sentence is increased to six months if the third offense is within 5 years of the first DUI offense.