Anyone who has been arrested for a first-time DUI in Virginia understands the serious penalties involved and how a DUI conviction can impact driving privileges. It may come as no surprise that the penalties for a second DUI are even more serious. In addition to mandatory jail time and increased financial penalties, there are stricter driving restrictions after a 2nd DUI. Second time DUI charges may be treated more harshly by Virginia prosecutors bringing the charges against the individual who already has a criminal record for driving under the influence.
Driver License Revocation For a Second DUI In Virginia
The penalties for 2nd DUI depend, in part, on how recently the prior DUI occurred. However, for a license revocation after a 2nd DUI, the penalties are the same if the prior DUI was within 5 years or 10 years. A 2nd DUI within the past 10 years will result in a revoked license for 3 years by the DMV.
Restricted License to Get to School or Work
When a driver has his or her driving privileges restricted after a DUI conviction, the driver can petition the court for restricted driving privileges. After a 1st DUI, the driver can immediately petition for a restricted license. However, after a 2nd DUI, the driver has to wait to be granted restricted driving privileges for:
- Four months if the second DUI was more 5 years and less than 10 years ago; or
- One year if the prior DUI was within 5 years of a second DUI.
After waiting out the mandatory time period, the individual can petition the court for restricted driving privileges. The individual may have to present the court with documentation for why they need to be able to drive, such as a letter from their school or employer.
Restricted driving privileges may allow the individual to drive to limited locations at limited times. This may include driving to and from work, school, court, or medical appointments. This does not mean the driver can stop off at a restaurant on the way home from work. If the driver is caught violating the terms of the restricted license, the restricted driving privileges can be taken away for the remainder of the suspension period.
If you are facing second DUI charges, you may or may not have been required to place an ignition interlock device (IID) the first time you faced drunk driving charges. After a second DUI, the driver may have to have an IID installed for anywhere from 6 months to 3 years to be able to drive.
An ignition interlock device is basically a breath test device that will prevent a person from starting their vehicle if their blood alcohol content (BAC) level is above a certain level specified by the authority mandating the placement of the device.
In most cases, the BAC level for an IID will be set to 0.02% BAC. In addition, drivers are likely to have to provide reports from the device to VASAP during the time period of the interlock device. Also, for second time DUI convictions, the court may require that an IID is placed on all of your vehicles, and not just your primary vehicle.
The driver is responsible for paying for the cost of installing the IID, monitoring, and maintaining the device. Any failed samples will be recorded and reported. Any attempts to tamper with the device or evidence of using someone else to blow into the device will also be reported. Tampering with the IID could even result in criminal charges.
Reinstating My Virginia License After A Second DUI
After a second DUI conviction, there are more driving restrictions and it will take longer to get full driving privileges restored. Getting a driver's license restored in Virginia after two DUIs may require:
- Fulfilling any penalties and sentencing associated with the second DUI conviction, including jail time;
- Proof of completion of any court-ordered rehabilitation programs (including VASAP);
- Proof of an SR22 certificate of insurance from the insurance company; and
- Paying all court and DMV fees and fines, including a reinstatement fee.
After these steps have been fulfilled, a review of the file will be conducted, and the driver may have their driving privileges reinstated following a 2nd DUI.
Virginia 2nd DUI Defense Attorney
If you or a loved one has been charged with a second DUI in Virginia, these second charges may be pursued more fiercely by the prosecutor. Additionally, the consequences of a conviction will be much more severe, including financial penalties and limited driving privileges. A DUI does not have to mean the end of your ability to drive. If you or someone you know is facing DUI charges for the second time, contact Charlottesville DUI defense attorney Thomas M. Wilson today.