A second-time DUI offense in Virginia is a Class I misdemeanor. Unlike a first time conviction, a second Virginia DUI conviction does carry minimum mandatory jail time, as well as higher fees and penalties. If convicted, you’re required to pay a fine of at least $500 and your license will be suspended for three (3) years. Some of these mandatory minimums are dependent on the time between your first and second DUI offenses:
- Within five years, a second DUI conviction carries a 20 day minimum mandatory jail sentence. After one year of the three year license suspension, you can apply for a restricted driver’s license; if granted, you will be required to use an ignition interlock device for six months.
- Within ten years, a second DUI conviction carries a 10 day minimum mandatory jail time. You can apply for a restricted driver’s license after four months license suspension, and if granted, you will be required to use an ignition interlock device for six months.
Your BAC at the time of your second DUI offense also plays a factor in the amount of potential jail time:
- A BAC between 0.15 and 0.20 percent increases a jail sentence by an additional 10 days.
- A BAC above 0.20 percent increases a jail sentence by an additional 20 days.
The maximum jail penalty for a second DUI conviction is one year.
Like a first DUI conviction, a second offense will require you to report to an Alcohol Safety Action Program (ASAP) for education and/or treatment. In addition, you’ll be on probation for three years. For legal help, contact the Roanoke DUI attorneys.
Call a Roanoke DUI Lawyer Today
If you’ve been charged with a DWI / DUI in Virginia, the experienced Roanoke criminal defense attorneys at Copenhaver, Ellett & Derrico can help evaluate the details of your case and your options. For an appointment, call us at (540) 343-9349.