Virginia DUI Penalties Second Offense
Virginia DUI Second Offense within 5 Years of the First
Jail:
BAC .08 - .14:
Conviction of any Virginia DUI Second Offense within 5 years of the previous conviction, requires a jail sentence of at least 1 month and a mandatory minimum non-suspendable jail sentence of 20 days (remember from Virginia DUI First Offense page, a mandatory minimum sentence is served in its entirety, not 50 percent like other misdemeanors).
BAC .15 - .20:
With a BAC within this range, there is an additional mandatory minimum jail sentence of 10 days, meaning a total mandatory minimum non-suspendable jail sentence of 30 days.
BAC .21 and above:
With a BAC within this range, there is an additional mandatory minimum jail sentence of 20 days, meaning a total mandatory minimum non-suspendable jail sentence of 40 days.
Fine:
There is a mandatory minimum fine of $500.
Driver's License Suspension:
There is a mandatory suspension of the defendant's driver's license for 3 years.
Ignition Interlock:
After the expiration of 12 months, a defendant can be issued a restricted driver's license for the same purposes outlined in the Virginia DUI First Offense section. However, he must have an ignition interlock installed in any vehicle he will be driving, no exceptions. Ignition Interlock is a statutorily mandated program for offenders convicted of a second offense DUI or first DUI offense with a BAC of .15 or higher. In this program, a device is attached to the offender's car which prohibits it from starting unless the offender is alcohol free. The offender must blow into this device before starting the car. The equipment logs the offender's blood alcohol level during each use, and detects any tampering that is made to the interlock system.
Additionally, while driving, the offender will be required to give a breath sample every 5-20 minutes. If the offender tests positive while driving, the car's horn will sound, and its high beam lights will flash on and off. Any tampering with the interlock system by the offender (class I misdemeanor) will cause the offender to be sent back to court as non-compliant. The offender can be jailed for this tampering, as well as pay a heavy fine.
VIRGINIA DUI SECOND OFFENSE WITHIN 5 to 10 YEARS OF THE FIRST:
The Fine, Driver's License Suspension and Ignition Interlock remain the same, however the Jail senteces are slightly less.
Jail:
BAC .08 - .14:
Conviction of a Virginia DUI Sencond Offense with the previous conviction being between 5 and 10 years prior, requires a mandatory minimum non-suspendable jail sentence of 10 days.
BAC .15 - .20:
With a BAC within this range, there is an additional mandatory minimum jail sentence of 10 days, meaning a total mandatory minimum non-suspendable jail sentence of 20 days.
BAC .21 and above:
With a BAC within this range, there is an additional mandatory minimum jail sentence of 20 days, meaning a total mandatory minimum non-suspendable jail sentence of 30 days.
As you can see, being convicted of a Virginia DUI is very serious, with potentially devastating consequences. This is why you need the help of an experienced and aggressive Virginia DUI attorney.
Please contact me on any criminal matter at: (703) 330-3200 or fill out our contact form >>
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