DUI suspensions, open containers and underage drinking

Key points

1. Under implied consent, driving on Virginia roads means you agree to a breath test on request.

   Source: Handbook p. 30

   “Under implied consent laws, if you operate a motor vehicle on Virginia’s public roads, you agree to take a breath test upon request.”
   Virginia Driver's Manual, Handbook p. 30

2. Refusing a breath test or a BAC of .08 percent or higher, when charged with DUI, brings an automatic suspension.

   Source: Handbook p. 30

   “If you refuse a breath test or your BAC is .08 percent or higher while you are driving and law enforcement charges you with driving while under the influence of alcohol/drugs”
   Virginia Driver's Manual, Handbook p. 30

3. The automatic suspension is 7 days for a first offense.

   Source: Handbook p. 30

   “your driving privilege will be automatically suspended: for seven days, for a first offense”
   Virginia Driver's Manual, Handbook p. 30

4. A second offense brings 60 days or until trial, whichever comes first, and a third lasts until trial.

   Source: Handbook p. 30

   “for 60 days or until you go to trial, whichever comes first, for a second offense until the trial, for a third DUI offense”
   Virginia Driver's Manual, Handbook p. 30

5. After a crash, you can be arrested for DUI within 3 hours without a warrant if police have probable cause.

   Source: Handbook p. 30

   “you can be arrested for DUI within three hours of the crash without a warrant and at any location.”
   Virginia Driver's Manual, Handbook p. 30

6. The passenger area for open containers includes an unlocked glove compartment.

   Source: Handbook p. 30

   “any area within the driver’s reach, including an unlocked glove compartment.”
   Virginia Driver's Manual, Handbook p. 30

7. A DUI with a passenger 17 or younger adds a mandatory 5 day jail term.

   Source: Handbook p. 30

   “Conviction of any DUI offense involving a juvenile passenger (age 17 or younger) in the vehicle at the time of the offense carries an additional mandatory five-day jail term”
   Virginia Driver's Manual, Handbook p. 30

8. Driving after your license was suspended for alcohol gets your vehicle impounded for 30 days.

   Source: Handbook p. 30

   “Your vehicle will be impounded immediately for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense.”
   Virginia Driver's Manual, Handbook p. 30

9. Driving after illegal underage drinking with a BAC of .02 to under .08 brings a court penalty that includes a 1 year suspension.

   Source: Handbook p. 30

   “If you are convicted of driving after illegally consuming alcohol, and your BAC was at least .02 percent and less than .08 percent, the court penalty will include: a suspension of your driving privilege for one year from the date of conviction”
   Virginia Driver's Manual, Handbook p. 30

10. Using a fake ID to buy or drink alcohol underage brings a license suspension of 6 months to 1 year.

    Source: Handbook p. 31

    “face mandatory suspension of your driver’s license for at least six months but not more than one year”
    Virginia Driver's Manual, Handbook p. 31

Numbers to know

3 questions from the Virginia practice test

1. 1. For a first offense involving refusal or a BAC of .08 percent or higher, how long is Virginia’s administrative suspension?

   1. 60 days
   2. 30 days
   3. Seven days
   4. Until the criminal trial
   Show answer

   Seven days. Virginia’s administrative license suspension lasts seven days for a first offense when the driver refuses a breath test or has BAC of .08 percent or higher and is charged with DUI. Sixty days applies to a second offense, and waiting until trial describes a third offense. Thirty days is not the first-offense period stated. Administrative suspension is separate from later court and DMV consequences after a conviction.

2. 2. For a second Virginia DUI offense, how long is the administrative license suspension?

   1. Seven days with no alternative endpoint
   2. One year from the date of the stop
   3. Only until the driver leaves the police station
   4. 60 days or until trial, whichever comes first
   Show answer

   60 days or until trial, whichever comes first. Virginia lists a second offense administrative suspension as 60 days or until the driver goes to trial, whichever comes first. The seven day period belongs to a first offense. A one year period appears in a different underage alcohol conviction context, so it should not be substituted here. Leaving the station does not end a statutory suspension. The phrase whichever comes first is important because the two possible endpoints are not added together.

3. 3. When a Virginia DUI conviction involves a passenger age 17 or younger, what additional mandatory jail term is listed?

   1. Two days
   2. Ten days
   3. No added jail term
   4. Five days
   Show answer

   Five days. A DUI conviction involving a juvenile passenger, defined here as age 17 or younger, adds a mandatory five day jail term on top of the other fines and jail sentences. Two and ten days are different numbers from the stated rule, while no added term ignores the passenger condition entirely. The same passage also lists an additional fine range of at least $500 and up to $1,000. A young passenger therefore changes the consequences of the DUI conviction, not merely the social circumstances of the trip.

Source: the Virginia Driver's Manual, Section 5: Penalties. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.