2nd DUI in Virginia

Are you facing an arrest for a second DUI in Virginia?

While all DUIs Virginia are serious, certainly a second DUI in Virginia carries serious penalties. There is mandatory jail time, which in some instances can be substantial, license suspension where there is no option for a restricted license in certain cases, and higher fines and costs. It is important to act to ensure that you are in the best position to protect your future. 

A DUI 2nd Virginia is not a felony is a misdemeanor, but as stated above there are serious consequences for a conviction.

With respect to jail time, for a DUI 2nd within 5 years, there is a 20 day mandatory jail sentence with an additional 10 days for a BAC greater than or equal to .15, and an additional 20 days for a BAC greater than or equal to .20. Furthermore, in my experience, there are many judges who will not issue a bond for defendants who have a prior DUI convictions because the judge believes he is continuing threat to the community. Therefore, the driver could potentially sit in jail while waiting for his trial date to arrive.

In Virginia, for a DUI 2nd within 5 years, the driver will lose his privilege to drive in Virginia for three years and will also be subject to an ignition interlock requirement for the entirety of that three year license suspension. Perhaps the most significant penalty for a DUI second in Virginia is that the driver will not be eligible for a restricted driver's license in Virginia for an entire year if the prior offense was committed within five years of the current offense. There is also a mandatory $500 fine and the driver can expect to incur hundreds more dollars and costs associated with the Ignition interlock requirements.

Common punishments for a DUI 2nd within 5 years

  • Maximum fine of $2,500 fine
  • $500 minimum fine
  • 20 day mandatory minimum jail sentence
  • Additional 10 day jail sentence if BAC greater than or equal to .15
  • Additional 20 day jail sentence if BAC greater than or equal to .20
  • Restricted license eligible after 1 year § 18.2-271.1(E)
  • Iginition interlock required for 6 months to 3 years
  • License suspension for 3 years by DMV § 46.2-391(A)

Consequences of a DUI 2nd within 5-10 years

  • Maximum fine $2,500
  • $500 minimum fine
  • Jail sentence of 1 month to 1 year, 10 days mandatory minimum
  • Additional 10 day jail sentence if BAC greater than or equal to .15
  • Additional 20 day jail sentence if BAC greater than or equal to .20
  • Eligible for restricted license after 4 months
  • Ignition interlock required for 6 months to 3 years
  • License suspension for 3 years by DMV § 46.2-391(A)

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Focused on Criminal and Traffic defense in Charlottesville and the surrounding area, including Albemarle, Orange, Greene, Louisa, Madison, Buckingham, Goochland, Nelson, and Augusta Counties.

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