We all make mistakes, but when it comes to a second DUI charge in Virginia, the consequences are a lot more serious. You’ve been through this before, and now you’re likely wondering what’s going to happen next, what the penalties will be, and how this is going to impact your life moving forward.
A second DUI charge is no small matter. Virginia’s laws are tough, and the penalties can be much harsher than what you experienced the first time around. Jail time, steep fines, and losing your driver’s license are real possibilities that can turn your life upside down.
Many people don’t realize that a second offense doesn’t automatically mean the worst-case scenario. There are still steps you can take to protect yourself. With the right legal guidance, you may be able to reduce the severity of the consequences and move forward without everything coming to a halt.
At Poindexter & Wright Law, we’ve helped many individuals facing second DUI charges regain control of their lives. We know that people make mistakes, and one bad night shouldn’t define your future. We will stand by you, help you understand your rights, and work to get the best possible outcome for your case.
Penalties for a Second DUI
The penalties for a second DUI in Virginia are harsher than those for your first DUI conviction. The severity of these penalties largely depends on the time elapsed since your first DUI charge and your blood alcohol level at the time of the second offense.
Penalties for a Second DUI Offense if It Is Less Than 5 Years Since Your First DUI Offense
If you are convicted of a second DUI in Virginia within five years of your first offense, it is considered a misdemeanor under Va. Code § 18.2-270. The penalties you face include:
- A fine ranging from $500 to $2,500
- Jail time between 20 days and one year
- A 3-year revocation of your driver’s license
- Court costs
- Enrollment in the Virginia Alcohol Safety Action Program (VASAP), which involves random drug and alcohol testing and mandatory classes.
The severity of your sentence may also depend on your blood alcohol concentration (BAC) at the time of arrest:
- BAC of 0.15 to 0.20: You will face an additional mandatory 10 days in jail.
- BAC over 0.20: You will face an additional mandatory 20 days in jail.
If this is your second DUI, you won’t be eligible for a restricted license (which allows limited driving for work or school) for at least one year. License suspension is for 3 years by DMV § 46.2-391(A).
To regain your driving privileges, you must also install an ignition interlock device on any vehicle you own or register, for at least six months.
Penalties for a Second DUI Offense if It Is Between 5 and 10 Years Since Your First DUI Offense
If 5 to 10 years have passed since your initial DUI offense, it is still considered a misdemeanor. The penalties include:
- A fine ranging from $500 to $2,500
- Jail time between 10 days and 1 year
- License revocation for 3 years
- Payment of court costs
- Mandatory enrollment in a VASAP course with random drug and alcohol screenings.
Additionally, if your BAC was higher at the time of arrest, your jail sentence will increase:
- BAC of 0.15 to 0.20: an extra 10 days in jail
- BAC over 0.20: an extra 20 days in jail.
You will not be eligible to apply for a restricted license for at least 4 months. License suspension is for 3 years by DMV § 46.2-391(A). To regain your driving privileges, including a restricted license, you must install an ignition interlock device on any vehicle you own or have registered in your name for a minimum of 6 months.
How a Second DUI Can Affect Your Life
A second DUI conviction often raises red flags for current and potential employers. Many employers perform routine background checks, and a repeat offense can suggest a pattern of irresponsible behavior, making you a less desirable candidate for a position, especially if it requires driving or operating heavy machinery. It can also lead to job loss if your role requires a clean driving record.
Losing your driver’s license for up to three years profoundly affects your ability to carry out daily activities. Without the freedom to drive, simple tasks like grocery shopping, attending doctor’s appointments, or picking up children from school become complicated and depend on public transport or the goodwill of others.
Once you have a second DUI on your record, you may find yourself under greater scrutiny by law enforcement. Any future legal infractions, even minor ones, might be viewed more harshly due to your history. This increased attention can create a sense of constant pressure, knowing that any mistake could lead to more severe consequences.
How Poindexter & Wright Law Can Help You With Your Second DUI Case
At Poindexter & Wright Law, we know that a second DUI charge has harsher penalties, the process is stressful, and it can change your life negatively.
We are here to guide you through every step of the legal process, ensuring you don’t face this challenge alone. Here’s how we can help you if you’re facing a second DUI charge:
1. Extensive Experience With DUI Cases
With years of experience handling DUI cases in Virginia, our DUI lawyers understand the state’s legal system and DUI laws. Our familiarity with local courts, judges, and prosecutors enables us to navigate the legal process efficiently and effectively.
2. Protecting Your Rights
Facing a second DUI charge doesn’t mean you’re guilty. We make sure your rights are protected throughout the entire process.
A second DUI charge often relies heavily on evidence like breathalyzer results, field sobriety tests, and police reports. We scrutinize all evidence against you to ensure it was obtained legally and is scientifically reliable. If we find discrepancies or violations of your rights—such as improper calibration of testing equipment or unlawful traffic stops—we will move to have that evidence suppressed. This could mean the difference between a conviction and having your charges reduced or dismissed.
3. Minimizing the Impact of a Conviction
A second DUI charge comes with serious consequences, including jail time, fines, and the loss of driving privileges. We work to explore all potential options to reduce the impact of a conviction.
Whether it’s negotiating for reduced charges, seeking alternative sentencing options, or fighting for a restricted license, our focus is on minimizing the long-term effects of your DUI charge.
4. Protecting Your Driving Privileges
A second DUI conviction can lead to lengthy license suspensions. We work to help you retain your driving privileges, exploring options like obtaining a restricted license that allows you to drive to work, school, or medical appointments. We also guide you through compliance with any requirements, such as installing an ignition interlock device.
Contact Our Second Offense DUI Attorneys for Guidance Today
Have you been in an accident? If so, Poindexter & Wright are the right second-offense DUI attorneys to help you on your journey. Now is the right time, so call them in a hurry!
Contact Poindexter & Wright Law at (434)-260-6881 to schedule a consultation. We offer consultation for 15 minutes for $50.00, 30 minutes for $100, and 1 hour for $150.00.