DUI and DWI in Virginia: What’s the Legal Difference and Why It Matters

October 20, 2025
DUI DWI with inscription on the sheet

Every 4.1 minutes, there’s a new crash on Virginia roads. In 2024 alone, Virginia saw over 6,700 alcohol-related crashes—a staggering number that means, statistically, every county and city is touched by drunk or drugged driving cases (source, DMV). Even as overall alcohol-related crashes dipped by 3% from last year, the number of alcohol-related deaths jumped 8.5%, with 318 lives lost. A DUI or DWI charge isn’t just a statistic—it’s a sudden, terrifying change to your life, license, and future.

The legal distinctions—and how your charges are handled—could affect your license, job, reputation, and freedom for years to come. If you or someone you know has been charged, don’t wait. Every minute counts. Call Rudolphi Law at 703-596-9566 now to protect your rights with a proven Fairfax DUI lawyer.

The Difference Between DUI and DWI in Virginia

The first thing every driver needs to understand is that in Virginia, the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are not separate crimes with different elements. Virginia Code § 18.2-266 covers both under a single law, making it illegal to operate any motor vehicle, engine, or train while under the influence of alcohol, drugs, or a combination thereof. Some states treat DUI and DWI as distinct charges—one for alcohol, one for drugs, or with different thresholds—but Virginia does not.

The confusion comes from language. Police, prosecutors, and even courts sometimes use “DWI” interchangeably with “DUI.” Officially, “DUI” is the term you’ll see on most court documents, but your charge may be referenced as “DWI” by law enforcement or in older records. No matter the label, the penalties and procedures are the same. Whether you are charged with DUI or DWI in Virginia, you are facing the same legal process, the same consequences, and the same need for a strong defense. 

How Do DUI and DWI Cases Begin in Virginia?

A DUI/DWI case in Virginia often starts with a traffic stop, checkpoint, or other police contact (e.g. an accident). Officers look for signs of impairment: weaving, erratic speed, or minor infractions. Once stopped, they may ask about alcohol or drug use, take note of indicia of intoxication, request field sobriety tests, or offer a preliminary breath test (PBT) on the roadside. You can refuse the roadside PBT without penalty—it’s only after arrest that you are required to submit to a breath or blood test, per Virginia’s “implied consent” law.

  • BAC of 0.08% or Higher – This triggers a legal inference of intoxication. However, you can be charged with DUI or DWI at lower levels if the officer believes your behavior constitutes a safety risk related to impairment.
  • Drug-Based DUIs – Police may allege impairment from prescription medication, illegal drugs, or a combination. In these cases, prosecutors often rely on blood tests and officer observations.

Penalties for DUI and DWI in Virginia

The stakes are high from the very first offense. For both DUI and DWI:

  • First Offense – Up to 12 months in jail, $250-$2,500 in fines, and a 12-month license suspension. A restricted license may be available with ignition interlock.
  • Second Offense (within 5 years) – Mandatory minimum jail (20 days), higher fines, and longer license suspension.
  • High BAC – A BAC of 0.15% or higher can trigger mandatory jail time, even for a first offense.
  • Refusal to Submit to Testing – Refusing a post-arrest breath or blood test brings a one-year license suspension, separate from any criminal penalty or license supsension.
  • Drug DUIs – Penalties mirror those for alcohol, but cases may involve additional challenges for those with valid prescriptions. An experienced drug attorney in VA is essential in these situations.

Repeat convictions result in harsher consequences, including longer jail terms and even permanent license loss. 

Virginia DWI Arrest? Contact a Leading DUI Lawyer Today

A DUI or DWI charge in Virginia is never just a traffic citation. Your freedom, career, and reputation are on the line. Choose Rudolphi Law—the Fairfax-based team trusted for results-driven DUI, DWI, and drug defense. Contact us today at 703-596-9566 or through our online form and put a powerful advocate in your corner.