Virginia DUI Second Offense

While there are numerous factors that can affect your sentence, the biggest factor is the number of DUI convictions you have on your record in the last 10 years.

If you are convicted of a second DUI offense within five years, you can expect some jail time. If your BAC was 0.08-0.14 percent, you face a mandatory 20-day jail sentence. If your BAC was 0.15-0.20 percent, the mandatory minimum jail sentence is 30 days. For a BAC of 0.21 and up, the minimum mandatory jail sentence increases to 40 days.

For a second DUI offense within five years, you will be sentenced to pay a minimum of $500 in fines. Your driver’s license will also be suspended for three years.

After 12 months for 2nd DUI in 5 years, or 4 months for 2nd DUI in 10 years, you may be issued a restricted driver’s license, which would allow you to drive to work, school, medical appointments, and your alcohol safety program. However, you must have an ignition interlock device installed in any vehicle that you drive. Ignition interlock is a small, handheld device that measures your BAC before you can start the vehicle. It is typically attached to the dashboard and is about the size of a cordless telephone. The interlock logs your BAC every time you use it, and will detect any tampering.

As you drive, you must give a "rolling" breath sample every 5 to 20 minutes. If the device detects alcohol on your breath, the horn will honk and the vehicle’s lights will flash off and on until the vehicle is stopped. This deters the driver from having his sober friends take the test to start the vehicle.

If this is your second DUI offense within five to ten years, many of the penalties remain the same – the only difference is that the jail sentences are not as long. If your BAC is 0.08-0.14 percent, you face a mandatory minimum jail sentence of 10 days. For a BAC of 0.15-0.20 percent, it is 20 days and for a BAC of 0.21 and above, it is 30 days.

If you have recently been charged with a second DUI offense in Virginia, it is important that you hire an experienced defense attorney as soon as possible.