Key points
Drivers 21 or older are DUI with a BAC of .08 percent or higher.
Source: Handbook p. 24
“Legally, drivers age 21 or older are considered to be driving under the influence (DUI) if your blood alcohol content (BAC) is .08 percent or higher.”
Virginia Driver's Manual, Handbook p. 24Under 21, a BAC of at least .02 but under .08 can bring an illegal consumption conviction.
Source: Handbook p. 24
“If under age 21, you can be convicted of illegal consumption of alcohol if your BAC is at least .02 but less than .08.”
Virginia Driver's Manual, Handbook p. 24Driving impaired by any drug can bring the same penalties as alcohol.
Source: Handbook p. 24
“If your driving is impaired because you are under the influence of any drug, you may face the same penalties as driving under the influence of alcohol.”
Virginia Driver's Manual, Handbook p. 24Between 10 PM and 2 AM, an estimated 3 of every 10 drivers are drunk.
Source: Handbook p. 24
“Researchers estimate that between the hours of 10 PM and 2 AM three out of every ten drivers are drunk.”
Virginia Driver's Manual, Handbook p. 24Nearly 50 percent of drivers arrested for DUI are social to moderate drinkers.
Source: Handbook p. 24
“Nearly 50 percent of the drivers arrested for DUI are social to moderate drinkers.”
Virginia Driver's Manual, Handbook p. 24After drinking, your chance of a crash is 7 times greater than driving sober.
Source: Handbook p. 24
“your chances of being in a crash are seven times greater if you drive after drinking than if you drive sober.”
Virginia Driver's Manual, Handbook p. 2412 ounces of beer equals a shot of liquor or a 5 ounce glass of wine.
Source: Handbook p. 24
“Twelve ounces of beer is the same as a shot of liquor or a five-ounce glass of wine.”
Virginia Driver's Manual, Handbook p. 24Only time sobers you up; coffee, cold showers or exercise will not.
Source: Handbook p. 24
“Only time can decrease intoxication. Coffee, cold showers or exercise will not sober you up.”
Virginia Driver's Manual, Handbook p. 24Driving under the influence of marijuana is illegal even though possession is legal over 21.
Source: Handbook p. 25
“Although the possession of marijuana and marijuana products (over the age of 21) is legal, driving under the influence of marijuana is still illegal.”
Virginia Driver's Manual, Handbook p. 25
Numbers to know
| Number | What it means | Manual |
|---|---|---|
| .08 percent | BAC for DUI at 21 and older | Handbook p. 24 |
| .02 to under .08 | BAC range for illegal consumption by underage drivers | Handbook p. 24 |
| 21 | age at which the adult DUI limit applies and marijuana possession becomes legal | Handbook p. 25 |
| 3 of 10 drivers, 10 PM to 2 AM | estimated share of drivers who are drunk late at night | Handbook p. 24 |
| 50 percent | share of DUI arrests who are social to moderate drinkers | Handbook p. 24 |
| 7 times | higher crash risk after drinking | Handbook p. 24 |
| 12 ounces and 5 ounces | beer and wine amounts equal to one shot of liquor | Handbook p. 24 |
3 questions from the Virginia practice test
1. For a driver age 21 or older operating a noncommercial vehicle in Virginia, what is the lowest BAC covered by the general alcohol per se threshold?
- 0.02 percent or higher
- 0.05 percent or higher
- 0.10 percent or higher
- 0.08 percent or higher
Show answer
0.08 percent or higher. Virginia treats a driver who is at least 21 as driving under the influence when BAC reaches .08 percent. A reading of .02 percent belongs to the separate under-21 alcohol rule, while .05 percent is not the adult threshold stated here. A .10 percent reading is above the threshold, but it is not the minimum that triggers the rule. Focus on age first, then match the adult BAC figure. Actual impairment can also support a DUI conviction at a lower BAC.
2. Which BAC range can result in an illegal-consumption conviction for a Virginia driver under age 21?
- At least .08 but less than .10
- At least .02 but less than .08
- At least .10 but less than .12
- At least .00 but less than .02
Show answer
At least .02 but less than .08. For a driver under 21, Virginia identifies illegal consumption when BAC is at least .02 but below .08. The .08 figure is the adult DUI threshold and misses the underage range when offered as the starting point. A range below .02 does not reach the stated minimum, while one beginning at .10 has passed the upper boundary. Remember both endpoints: .02 starts this age-based range, and .08 ends it.
3. Between 10 PM and 2 AM, how many drivers do researchers estimate are drunk, according to the Virginia manual?
- Three out of every ten
- Half
- One out of every fifty
- One out of every hundred
Show answer
Three out of every ten. Researchers estimate that between the hours of 10 PM and 2 AM three out of every ten drivers are drunk, and more than one third of them have been drinking at someone else's home. Nearly half of drivers arrested for DUI are social to moderate drinkers. The manual's point is that the danger is not limited to problem drinkers, and late night driving means sharing the road with impaired drivers.
Practice this topic
Lock it in with alcohol and dui questions from the free Virginia practice test. Every answer comes with a plain English explanation.
Source: the Virginia Driver's Manual, Section 3: Safe Driving. 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.
