DCJS Virginia Laws and Legal Procedures — Questions and Answers

Question 1: Under Virginia law, what is the maximum blood alcohol content (BAC) for a driver under age 21 to be charged with underage DUI?

0.08%
0.02% (Correct answer)
0.04%
0.10%

Correct answer: 0.02%

Virginia Code § 18.2-266.1 prohibits drivers under 21 from operating a vehicle with a BAC of 0.02% or more.

Question 2: In Virginia, a 'Terry stop' allows an officer to briefly detain a person based on:

Probable cause to arrest
Reasonable articulable suspicion of criminal activity (Correct answer)
A citizen complaint alone
A hunch or intuition

Correct answer: Reasonable articulable suspicion of criminal activity

A Terry stop requires reasonable articulable suspicion—specific facts that would lead a reasonable officer to believe criminal activity is afoot.

Question 3: Under Virginia Code § 19.2-81, a law enforcement officer may arrest without a warrant for a misdemeanor only if:

The officer witnesses the offense (Correct answer)
A victim identifies the suspect
The offense occurred within 24 hours
Two witnesses confirm the offense

Correct answer: The officer witnesses the offense

Generally, warrantless misdemeanor arrests in Virginia require that the officer personally witnessed the offense, with specific statutory exceptions.

Question 4: What Virginia statute governs the crime of stalking?

§ 18.2-60.3 (Correct answer)
§ 18.2-57
§ 18.2-95
§ 18.2-46.1

Correct answer: § 18.2-60.3

Virginia Code § 18.2-60.3 defines and criminalizes stalking as a Class 1 misdemeanor for a first offense.

Question 5: Virginia's 'implied consent' law requires that drivers arrested for DUI must:

Submit to a field sobriety test
Submit to a blood or breath test (Correct answer)
Provide a urine sample on demand
Answer all officer questions truthfully

Correct answer: Submit to a blood or breath test

Under Virginia Code § 18.2-268.2, any person arrested for DUI is deemed to have consented to a blood or breath test.

Question 6: Under Virginia law, which of the following is classified as a Class 3 felony?

Grand larceny of property valued at $1,000 or more
Robbery
Malicious wounding (Correct answer)
Carjacking

Correct answer: Malicious wounding

Malicious wounding under Virginia Code § 18.2-51 is a Class 3 felony punishable by 5–20 years imprisonment.

Question 7: Virginia's 'Castle Doctrine' under § 55.1-149 primarily addresses:

The right to refuse search of a home
The use of force to defend one's dwelling against unlawful entry (Correct answer)
Landlord-tenant eviction rights
Zoning protections for residential property

Correct answer: The use of force to defend one's dwelling against unlawful entry

Virginia's Castle Doctrine allows occupants to use force, including deadly force, to protect themselves from unlawful entry into their home.

Question 8: Under Virginia law, a person commits petit larceny when they steal property valued at:

Less than $1,000 (Correct answer)
Less than $500
Less than $200
Less than $2,500

Correct answer: Less than $1,000

Virginia Code § 18.2-96 defines petit larceny as theft of property valued at less than $1,000, making it a Class 1 misdemeanor.

Question 9: In Virginia, what is the legal definition of 'curtilage' as it relates to search and seizure?

The interior of a vehicle
The area immediately surrounding and associated with a home (Correct answer)
Any private property posted with no-trespassing signs
A commercial building's storage area

Correct answer: The area immediately surrounding and associated with a home

Curtilage is the area immediately surrounding a home that shares the same Fourth Amendment protections as the home itself.

Question 10: Virginia Code § 18.2-308 generally prohibits carrying a concealed handgun without a permit. Which of the following persons is EXEMPT from this requirement?

A retired federal law enforcement officer
A person who obtained a hunting license
A licensed private investigator while on duty (Correct answer)
A college student with a valid ID

Correct answer: A licensed private investigator while on duty

Virginia Code § 18.2-308(A) exempts licensed private investigators acting in the performance of their duties from the concealed carry prohibition.

Question 11: Under Virginia's Domestic Violence law, a 'protective order' issued after a full hearing may remain in effect for up to:

6 months
1 year
2 years
5 years or an unlimited period (Correct answer)

Correct answer: 5 years or an unlimited period

Under Virginia Code § 16.1-279.1, a permanent protective order may last up to two years, but courts may issue an order for a longer period or without a fixed expiration based on the circumstances.

Question 12: A Virginia officer responding to a domestic assault call must arrest the primary aggressor if:

The victim requests arrest
There is probable cause to believe assault and battery occurred within the past three hours (Correct answer)
Both parties are intoxicated
Visible injuries are present on either party

Correct answer: There is probable cause to believe assault and battery occurred within the past three hours

Virginia Code § 19.2-81.3 requires officers to arrest the primary aggressor when there is probable cause to believe domestic assault occurred within the past three hours.

Question 13: Under Virginia law, which offense is defined as 'the taking, with intent to extort money or pecuniary benefit, by threat or intimidation'?

Robbery
Extortion (Correct answer)
Blackmail
Coercion

Correct answer: Extortion

Virginia Code § 18.2-59 defines extortion as obtaining money or other benefit through threats or intimidation.

Question 14: Under Virginia Code § 19.2-386.1, when may officers seize property under civil asset forfeiture without a criminal conviction?

Whenever probable cause exists that property is connected to drug trafficking
Only after a criminal conviction
When a judge issues a civil forfeiture order based on clear evidence (Correct answer)
Only for property valued over $10,000

Correct answer: When a judge issues a civil forfeiture order based on clear evidence

Virginia reformed its forfeiture law in 2021, generally requiring either a criminal conviction or a court order based on clear and convincing evidence before forfeiture.

Question 15: Under Virginia Code § 18.2-248, distribution of a Schedule I or II controlled substance is generally classified as a:

Class 1 misdemeanor
Class 6 felony
Felony punishable by 5–40 years (Correct answer)
Felony punishable by 1–10 years

Correct answer: Felony punishable by 5–40 years

Distribution of Schedule I or II substances is a felony in Virginia punishable by 5 to 40 years imprisonment.

Question 16: A Virginia officer conducting a 'knock and talk' at a residence must stop and leave if:

No one answers after two knocks
The occupant refuses entry or asks them to leave (Correct answer)
No warrant is produced within 10 minutes
The officer lacks probable cause to suspect a crime

Correct answer: The occupant refuses entry or asks them to leave

A knock and talk is a consensual encounter; the officer must terminate it if the occupant clearly withdraws consent or asks them to leave.

Question 17: Under Virginia law, the crime of 'breaking and entering' a dwelling at night with intent to commit a felony is classified as:

Burglary — a Class 3 felony
Burglary — a felony punishable by 5 years to life (Correct answer)
Grand larceny — a Class 5 felony
Trespass — a Class 1 misdemeanor

Correct answer: Burglary — a felony punishable by 5 years to life

Common law burglary under Virginia Code § 18.2-89 is a felony punishable by confinement of 5 years to life.

Question 18: Virginia's 'stop and identify' statute requires a person to identify themselves to a law enforcement officer when:

An officer asks during any encounter
The person is lawfully detained based on reasonable suspicion (Correct answer)
The person is in a public place
A vehicle has been stopped for any reason

Correct answer: The person is lawfully detained based on reasonable suspicion

Virginia Code § 19.2-82.1 requires a person to identify themselves only when lawfully detained, not during a voluntary encounter.

Question 19: Under Virginia Code § 18.2-57.2, assault and battery against a family or household member is classified as a:

Class 3 misdemeanor
Class 1 misdemeanor (Correct answer)
Class 6 felony
Class 4 felony

Correct answer: Class 1 misdemeanor

Assault and battery against a family or household member is a Class 1 misdemeanor under § 18.2-57.2 for a first offense.

Question 20: Virginia's 'Racial Justice Act' as it relates to capital punishment allows defendants to:

Automatically receive a life sentence instead of death
Challenge a death sentence based on evidence of racial discrimination in the case (Correct answer)
Demand a jury of their own racial composition
Appeal to a federal court before state courts rule

Correct answer: Challenge a death sentence based on evidence of racial discrimination in the case

Virginia abolished the death penalty in 2021, but prior to abolition the Racial Justice Act concept allowed challenges to death sentences based on racial bias evidence.

Question 21: Under Virginia law, a person who knowingly drives on a suspended license for a second offense within 10 years faces:

A Class 4 misdemeanor
A Class 1 misdemeanor with mandatory 10-day jail term (Correct answer)
A Class 6 felony
License revocation for 5 years only

Correct answer: A Class 1 misdemeanor with mandatory 10-day jail term

A second offense of driving on a suspended license within 10 years is a Class 1 misdemeanor carrying a mandatory minimum of 10 days in jail under Virginia Code § 46.2-301.

DCJS Virginia Laws and Legal Procedures

Under Virginia law, what is the maximum blood alcohol content (BAC) for a driver under age 21 to be charged with underage DUI?

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Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

dcjs.virginia.gov — Retake policy, score validity, exam information · verified Oct 2026
law.lis.virginia.gov — Eligibility, test delivery · verified Oct 2026