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Second DUI in Virginia

Experienced Attorneys Ready to Fight for You

Facing a second DUI arrest in Virginia can have serious consequences. While all DUI offenses are treated seriously, a second DUI carries mandatory jail time, significant fines, and a lengthy license suspension. These penalties can significantly affect your future.

A 2nd DUI in Virginia is classified as a misdemeanor, not a felony, but it still carries severe repercussions upon conviction. Jail time for a second DUI within five years includes a mandatory 20-day sentence, with additional days added for higher blood alcohol concentrations (BAC). In some cases, judges may deny the bond, leaving individuals in jail until their trial date.

License suspension is another significant consequence. In Virginia, a 2nd DUI within five years results in a three-year license revocation. Moreover, if the prior offense occurred within five years of the current one, the driver is ineligible for a restricted license for an entire year.

Navigating these legal challenges requires proactive legal representation to defend your rights and reduce their impact on your life and livelihood.

Common Punishments for a DUI Second Within 5 Years

Facing a 2nd DUI within five years in Virginia comes with several standard penalties as outlined by state law:

  • A maximum fine of $2,500, with a minimum fine of $500.
  • A minimum jail term of 20 days must be served.
  • An additional 10-day jail sentence if the driver’s blood alcohol concentration (BAC) is equal to or greater than .15.
  • An additional 20-day jail sentence if the driver’s BAC exceeds .20.
  • A restricted driver’s license is eligible after one year, per Section 18.2-271.1(E) of the Virginia Code.
  • License suspension for three years issued by the Virginia Department of Motor Vehicles (DMV) under Section 46.2-391(A).

Navigating these penalties requires careful legal strategy to mitigate their impact and protect your rights effectively.

Consequences of a Second DUI in Virginia Within 5-10 Years

  • Facing a second DUI within 5 to 10 years in Virginia can result in severe penalties. These include:
  • A maximum fine of $2,500, with a minimum of $500.
  • A jail sentence ranges from 1 month to 1 year, with at least ten days required.
  • An additional 10-day jail term if your blood alcohol concentration (BAC) is .15 or higher.
  • An additional 20-day jail term if your BAC is .20 or higher.
  • Eligibility for a restricted license after four months.
  • A 3-year license suspension by the DMV under § 46.2-391(A).

Navigating these consequences requires careful legal representation to mitigate the impact on your life and future.

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