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What To Expect From Your Second DUI Offense (Part A)

As with a first-time Virginia DUI offense, your second Virginia DUI offense will come with specific penalties and restrictions following your conviction. Having a good understanding of your rights is important in making sure you receive the least amount of unfair penalties. No one understands Virginia DUI laws better than an experienced DUI defense attorney and having one on your side can help get you a fair sentence or possibly even get your charges dismissed.

How much more severe are second-offense DUI penalties?

Remember from your first conviction that time is of the essence when dealing with a Virginia DUI offense. While your attorney can negotiate some parameters of your sentencing, the following minimum penalties are outlined for Virginia second offense DUI drivers, with a distinction made depending on when the second DUI took place in regards to the first.

If your second offense came within less than 5 years of a prior DUI offense, your minimum penalties may include:
 

  • Minimum $500 fine;
  • Confinement in jail from 1 month to 1 year, with 20 days mandatory;
  • 10 additional days for Blood Alcohol Content (BAC) between 0.15% and 0.20%; and
  • 20 additional days for BAC greater than 0.20%. 

If your second offense came within 5 to 10 years of a prior DUI offense, your minimum penalties may include: 

  • Minimum $500 fine;
  • Confinement in jail from 1 month to 1 year, with 10 days mandatory;
  • 10 additional days for BAC between 0.15% and 0.20%; and
  • 20 additional days for BAC greater than 0.20%. 

All second convictions are faced with a 3-year license suspension. You may be eligible for a restricted operator's license within 4 months of your conviction if your second offense was committed within 5 to 10 years of your prior conviction.

If your second conviction was less than 5 years from your prior offense then you must wait 1 year before applying for the restricted license. In both cases, an Ignition Interlock system is required to be installed in every vehicle you own, co-own, or operate on a regular basis.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today - 804-673-5600.

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