Repeat DUI Offenders
DUI charges account for nearly a third of substance-related arrests. As a result, many states, including Virginia, maintain strict drunk driving laws.
The Commonwealth makes little distinction between types of motor vehicles. Those operating a qualifying motorized vehicle on a public roadway are subject to Virginia’s DUI laws.
Therefore, if a driver is impaired—by a blood alcohol content (BAC) of .08% or higher or a slowed reaction time due to drugs or alcohol—they could be arrested for DUI.
Virginia gives law enforcement officers the authority to investigate and arrest those they suspect are impaired by drugs or alcohol. Moreover, Virginia does not permit motorists suspected of DUI an option to choose between a breath or blood test.
Penalties for DUI Conviction
In Virginia, there are serious penalties for a first-time DUI conviction, and the penalties exponentially increase for each subsequent offense.
Accordingly, those facing repeat DUI charges should consult an experienced attorney to discuss their rights and defenses.
DUI Second Offense in VA
Under The Code of Virginia §18.2-266, any person convicted of a second DWI offense within less than five years after a prior violation could face the following penalties:
- Mandatory minimum fine of $500; and
- Confinement in jail for not less than one month nor more than one year, with 20 days of that confinement being a mandatory minimum sentence.
Anyone convicted of a second DWI offense within a period of 5 to 10 years of a prior offense will face the following:
- Mandatory minimum fine of $500; and
- Confinement in jail for not less than one month, with 10 days of that confinement being a mandatory minimum sentence.
Third-Offense DUI in Virginia
Those convicted of three DUI offenses in Virginia within 10 years will be guilty of a Class 6 felony. The sentence and penalties for a third DWI offense include the following:
- Mandatory minimum sentence of 90 days unless the offenses were committed within five years of one another, in which case the confinement is for six months; and
- Mandatory minimum fine of $1,000.
Fourth-Offense DUI in Virginia
Any person convicted of a fourth or subsequent Virginia DWI that is committed within 10 years of their last DUI will face the following repercussions:
- Mandatory minimum imprisonment for one year, and
- A minimum fine of $1000.
Additional Penalties for DWI in Virginia
In addition to the above, the Code of Virginia §18.2-270 addresses other DWI penalties.
1. High BAC
In Virginia, drivers with a higher BAC face harsher penalties. For example, suppose you had a BAC of at least .15% but less than .21% at the time of your arrest.
In that case, you would face a mandatory minimum five-day jail sentence for a first offense in addition to the existing penalties.
2. Breathalyzer Refusal
Further, in Virginia, refusing to take a breathalyzer test results in a civil penalty. However, drivers with previous convictions for breathalyzer refusals or a DUI within the last 10 years will face criminal charges.
3. Transporting Minors and DWIs in Virginia
Moreover, drivers convicted of a second DUI offense within five years while transporting a minor 17 years old or younger will serve a mandatory 5-day jail sentence. Further, they will face fines of at least $500 and as high as $1000.
4. Virginia Alcohol Safety Action Program
Under the Code of Virginia §18.2-271.1, drivers convicted of a second-offense DUI in five years must enroll and complete the Virginia Alcohol Safety Action Program (VASAP).
Convicted drivers cannot have their licenses restored until they complete the program.
5. Ignition Interlock
In Virginia, those convicted of a second DUI offense must install an ignition interlock device in any car registered to them and any vehicle they own or drive.
Virginia’s lawmakers take a firm stance on drunk and impaired driving. As such, those arrested, charged, or convicted of these offenses should consult with an experienced attorney to discuss their defense and mitigate the negative consequences.
Breathalyzer Test You CAN’T Refuse
Are You Facing Your Second or Third DUI in Virginia? Contact Our VA DUI Defense Attorneys Today
If you were recently arrested for a Virginia DUI and have at least one prior DUI conviction, there is a lot on the line.
However, there are defenses to DUI charges, and Andrew Flusche, Attorney at Law, PLC, is here to help. We have decades of combined experience representing individuals who face all types of DUI offenses, including repeat DUI offenders.
We understand all the best DUI defenses, when to use them, and how to effectively do so to reach the best possible result in your case. Let us put our experience to work for you.
To schedule a free consultation today, call 540-318-5824. You can also reach us through our online contact form.