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What are the penalties for a second Virginia DUI offense?

Burning cashIf you have been charged with a second Virginia DUI, then you may face increased penalties including fines, a driver's license suspension and some serious jail time. To know whether you may be able to fight your second Virginia DUI charge, you can consult an experienced Virginia DUI defense attorney.

If your second Virginia DUI was committed within 5 years of a prior offense, then your penalties will include: 

  • a minimum $500 fine;
  • confinement in jail for 20 days to 1 year;
  • additional mandatory 10 day jail sentence (if your blood alcohol content [BAC] was between .15 and .20);
  • additional mandatory 20 day jail sentence (if your BAC level was greater than .20); and
  • 3 year driver's license revocation. 


If your second Virginia DUI was committed within 5 to 10 years from a prior offense, then your penalties are slightly different. There may be more leniencies for initial jail time. A Virginia DUI defense attorney may be able to help lessen the severity of some of the penalties in this case.

The penalties for a second Virginia DUI within 5 to 10 years include: 

  • minimum $500 fine;
  • confinement in jail for 10 days to 1 year;
  • additional mandatory 10 day jail sentence  (if your BAC was between .15 and .20);
  • mandatory 20 day jail sentence (if your BAC was greater than .20); and
  • 3 year driver's license revocation. 


There may also be additional fines and penalties for court costs. You'll also have to pay for a required alcohol safety program and an ignition interlock for your vehicle(s) if mandated by the court.

You may be able to avoid these penalties entirely by fighting your second Virginia DUI charges. To learn what DUI defenses may apply to your case, contact an experienced Virginia DUI defense attorney.

How can a Virginia DUI defense attorney help me?

No state is faster at moving cases through the system than Virginia. In the face of a defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a complimentary copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia.   

Virginia DUI defense attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts