Virginia Third DUI Offense

In Virginia, it is against the law to drink and drive. The consequences of a DUI conviction are very serious. It is important to hire an experienced DUI defense attorney as soon as possible to ensure that your rights are upheld.

The law in Virginia states that it is illegal to operate an automobile, boat, motorcycle, or any other motor vehicle with a BAC (blood alcohol content) of 0.08 percent or higher. Your BAC level at the time of arrest, as well as the number of DUI convictions you have had, is used to determine your penalties. In Virginia, a third DUI offense is a class 6 felony.

If this is your third DUI offense within five years of the other two, you will be sentenced to a mandatory minimum jail sentence of six months. If this is your third DUI offense within five to ten years, the mandatory minimum jail sentence is 90 days. The minimum fine for a third DUI offense is $1,000.

If you are convicted of a third DUI offense, your license will be revoked indefinitely. Until you petition the court for a restoration hearing, you will be unable to drive, even with a restricted license. You must wait for at least three years after your conviction to petition the court.

If a judge does issue you a restricted license three years after your conviction, he or she may also order you to have an ignition interlock device installed in your vehicle. An ignition interlock device is a small system that is attached to your vehicle dashboard. In order to operate your vehicle, you must blow into the device. If your BAC is over a pre-set limit, your car will not start.

Besides the initial test, you may be required to blow into the device several times while driving. This is to ensure that you did not ask a friend to blow into the device to start your car. You will be financially responsible for the installation and maintenance of the ignition interlock device.

If you have recently been arrested in Virginia for a third DUI offense, it is important that you contact a knowledgeable DUI defense attorney as soon as possible.