Virginia has strict drinking and driving laws to protect its roads. In Virginia a person can be convicted of driving under the influence (DUI) if their blood alcohol concentration (BAC) is .08 or higher or if they are under the influence of alcohol or drugs. A DUI, or driving while under the influence, is a drunk driving conviction is above the state legal alcohol limit, rendering the driver legally impaired. Legal limit in Virginia: Standard, non-commercial drivers: .08% BAC Commercial drivers: .04% BAC Drivers under 21: