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Virginia’s penalties for a first-time DUI are among the most severe in the country. Penalties resulting from multiple DUI offenses become harsher with each subsequent conviction. For a first time DUI charge, the person is given a seven (7) day administrative suspension of their driver’s license. There is also a mandatory minimum $250 fine and a license suspension for one year. In addition, there is a mandatory enrollment and completion in an Alcohol Safety Action Program (VASAP) and use of an ignition interlock device in your vehicle. These penalties worsen if the driver’s blood alcohol concentration is between 0.15 and 0.20 (an additional five days in jail) or greater than 0.20 (an additional ten days in jail).
In Virginia, the penalties for a second or subsequent DUI conviction are determined by how much time has passed since the prior DUI conviction. A second DUI conviction within ten (10) years of a prior DUI means there is a mandatory minimum ten (10) days in jail and license suspension of three (3) years. A second DUI conviction within five (5) years of a prior DUI means a mandatory minimum jail sentence of twenty (20) days with a minimum of three (3) years license suspension.
However, if the BAC is between 0.15 and 0.20, the jail sentence is increased by an additional twenty (20) days. With each subsequent DUI conviction, the minimum mandatory jail time increases and the license suspension time can potentially increase to an indefinite period of time. The maximum jail penalty for a second DUI conviction can be up to one year.
More than two DUI convictions carry even heavier penalties depending on when the subsequent conviction occurred in comparison to the prior conviction. There is a minimum six (6) month jail sentence and permanent vehicle forfeiture for a third DUI conviction within five (5) years. There is a minimum three (3) months in jail and permanent vehicle forfeiture for a third DUI conviction within ten (10) years. Finally, there is a minimum twelve (12) month jail sentence and permanent vehicle forfeiture for a fourth subsequent DUI conviction.
It is imperative that you hire an experienced Virginia DUI attorney if you have subsequent DUI offenses. If you have been charged with your second or a subsequent DUI, the penalties increase substantially and an experienced Virginia DUI attorney can work hard to limit these consequences. Our Experienced DUI attorneys have extensive knowledge necessary to walk you through the process and increase the possibility of a favorable outcome.
If you have been charged with DUI or have been charged with a subsequent DUI offense and would like to speak with a top rated Virginia DUI lawyer, call us today at (703) 916-1227 for a free consultation.