Facing your charges of second DUI offense in Virginia can be a more frightening experience particular if you are looking at stricter consequences and more confrontational legal system than first time offense. If you are charged with second DUI offense, contact SRIS Law Group for a consultation on your case.
Charging with second DUI offense in Virginia can cause you serious penalties which can affect your reputation and will strip you of your license. If you are sentenced with second DUI in 5 or 10 years the obligatory punishments are much worse. Second DUI offense in Virginia is also considered as Class I misdemeanor, and the law imposes much sever sentence for repeat offenders.
Severe Jail time for Second DUI offense
Sentence for first time offense of DUI might not carry a mandatory jail time if the level of BAC is low. But a second DUI offense in Virginia within five years carries atleast 20 days of jail time. According to Virginia Code 18.2-266, DUI is an act of operating a vehicle while drunk. By Virginia law, a driver with blood alcohol content higher than 0.08% is considered drunk and will be charged with a DUI. If you are facing a second DUI offense in Virginia, the charges and penalties will differ from the ones you received with first DUI.
Penalties for Second DUI
For a second DUI offense in Virginia, there are two categories of penalties which include:
- Within five years- if you are facing second DUI within a period of five years you can be charged with:
- One month jail time
- Fin upto $2,500
- Additional higher sentence for a compulsory 20 days in jail.
- Within 10 years- if you are facing second DUI within 10 years of your first DUI you can be charged with:
- One year in jail
- Fine upto $2,500
- Additional enhanced sentence for a compulsory 10 days behind bars
In addition to these consequences you are also required to go for Alcohol Safety Action Program at your own cost (18.2-271.1). This program is used to control the interventions you need.
If you are charged with second DUI offense in Virginia, your driving license will be suspended administratively for 60 days when charged with DUI having a BAC higher than .80% or refusing to take Breathalyzer test (46.2-391(2)). Moreover, the driver’s license will be cancelled for 3 years after being sentenced for second DUI offense in Virginia within 5 years and driver cannot apply for a restricted license for atleast one year time. The driver must also enroll in Virginia ASAP program and must install an ignition interlock device in his vehicle for obtaining a restricted license.
In addition to the criminal penalties, you will also face administrative costs if you have prior DUI convictions and you are charged once more because of blood alcohol content which is .08% or greater. The DMV will cancel your license for atleast 60 days till you appear in court.
If you are charged with second DUI in Virginia, you need to consider taking legal guidance. Contact SRIS Law Group and get your case handled by our lawyers.
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