Second Time DUI in Virginia

1. Second Time DUI in Virginia Undoubtedly, Virginia is one of the most intolerant states when it comes to driving under the influence. Although it’s classified as a class 1 misdemeanor, the cost, time, and hassle associated with dealing with a DUI charge can be debilitating. And if you’re convicted of a second DUI offense, the implications are much more profound than your first conviction. The penalties and the period of punishment are significantly harsher depending on the severity of the offense. Why Do Second DUI Offenses lead to harsher penalties? Second offense DUIs are considered extremely serious, especially when you’re charged with two DUIs within a 5-year period. This is because it shows a criminal pattern on the part of the offender and that the punishment for previous DUI brought no change in the person’s behavior. A second time DUI offender is considered a danger to the society as they’re constantly driving under the influence. Since the prosecution and the judge know that minor punishments won’t work on this offender, they normally treat second DUI offenders more harshly.

2. However, the severity of the second offense is really important. Besides the fact that the two DUIs were charged within a five year period, the court takes into account whether or not someone was injured during the course of a DUI. If the offense involves serious charges, the case will first be heard in the general district court and then in the circuit court. If no serious charges are attached, the trial will only be heard in the general district court. Penalties for Second Offense DUI If the second offense DUI is committed within five years of their first offense, the offender is deprived of driving privileges for three years, charged with a minimum fine of $500 and a sentence of at least a month with 20 days of active jail time. It’s important to note here that these are the minimum fine and jail sentences. Depending on the gravity of the case, the judge can impose higher fines and any sentence in excess of a month but not more than a year. On the other hand, if the second offense occurs within 10 years of the first DUI offense, the offender is charged with a minimum of $500 fine, a jail sentence for at least a month, and the suspension of driving license. The only differences are that the minimum active jail time to be served is reduced to 10 days, and the suspended driving license is returned in a relatively shorter period. If the offender, during a second DUI, had a blood alcohol concentration of 0.15 to 0.2, an additional period will have to be served in jail, while if the BAC was over 0.20, 20 days of additional jail time must be served. In addition, if the offender had any children in the vehicle at the time of the second DUI, they can be charged with an additional $500 to $1000 and an extra 5 days in jail. Given that Virginia isn’t very tolerant of second offense DUIs, you should definitely retain a seasoned Virginia DUI lawyer to defend you. Source: https://www.coastalvirginialaw.com/second-time-dui-in-virginia