What are the Criteria for a Second DUI Charge?

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According to Va Code § 18.2-266, if you are driving a vehicle with a BAC of .08 or higher, you will be charged with a DUI, and it will be considered your second offense if you have previously been charged with a DUI within the past 5 years, or with the past 5-10 years, but the penalties are different in each case.

 

Penalties for a Second DUI in Virginia

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Being charged with a DUI at all in the state of Virginia is very serious (Class 1 Misdemeanor), but there are implications that come with a second DUI conviction that are much more severe than those that come with the first.

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If your second DUI occurs within 5 years of the first one, you automatically face a $500 fine and a minimum of 20 days in jail. Additionally, if your BAC was between a .15 and a .20, then you will receive another 10 days in jail. If your BAC is greater than .20, this will double to 20 days, totaling to 40 days in jail.  

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If your second conviction comes 5-10 years after the first one, it comes with a 10 day minimum in jail. If your BAC was between .15 and .20, you will receive 10 extra days on your jail sentence. If your BAC was over .20, you receive 20 additional days of jail time, totaling to 30 days in jail.

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In addition to the jail time, your Virginia driver’s license will be suspended for 3 years. If your first DUI charge was 5-10 years prior to the second, you may be able to apply for a restricted license after the first four months of suspension. However, you have to wait a full year before applying if your first charge was within the last 5 years.

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How We Can Help

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The Pickett Law Group, PLLC is an experienced law firm with two generations of former prosecutors, who have fought from both sides of the courtroom on all types of legal issues, including DUI charges, whether it’s your first or second. Our attorneys can analyze your case and help ensure that you have the best defense possible. Contact us today and we will begin fighting on your behalf.

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