Virginia DUI Second Offense

Driving under the influence is a serious matter in Virginia. The repercussions of a DUI conviction may affect you for the rest of your life. Jail time and expensive fines are a very real possibility if convicted.

While there are numerous factors that can affect your sentence, the biggest factor is the number of DUI convictions you have on your record.

If this is your second DUI offense within five years of your first offense, you can expect some jail time. If your BAC was 0.08-0.14 percent, you face a mandatory 20-day jail sentence. If your BAC was 0.15-0.20 percent, the mandatory minimum jail sentence is 30 days. For a BAC of 0.21 and up, this minimum mandatory jail sentence increases to 40 days.

For a second DUI offense within five years, you will be sentenced to pay a minimum of $500 in fines. Your driver’s license will also be suspended for three years.

After 12 months, you may be issued a restricted driver’s license, which would allow you to drive to work, school, and other necessary locations. However, you must have an ignition interlock device installed in any vehicle that you drive. An ignition interlock device is a device that measures your BAC before the vehicle may start. It is typically attached to the dashboard. You must blow into this device before starting your vehicle. The device logs your BAC every time you use it, and will detect any attempts to tamper with the interlock system.

In addition to taking the initial breath test, you must give a breath sample every 5 to 20 minutes while driving. If the device detects alcohol on your breath, the horn will honk and the vehicle’s lights will flash off and on until the vehicle is stopped. This is to deter the driver from having his or her sober friends take the test to start the vehicle.

If this is your second DUI offense within five to ten years, much of the penalties remain the same – the only difference is that the jail sentences are not as long. If your BAC is 0.08-0.14 percent, you face a mandatory minimum jail sentence of 10 days. For a BAC of 0.15-0.20 percent, it is 20 days and for a BAC of 0.21 and above, it is 30 days.

If you have recently been charged with a second DUI offense in Virginia, it is important that you hire an experienced defense attorney as soon as possible.