Second Offense DUI in Virginia

In Virginia, a person can be charged for driving under the influence of alcohol, drugs, or a combination of the two. Each DUI conviction results in harsher penalties. If you are wondering whether a DUI conviction involving one substance followed by a conviction involving a different substance is considered a second offense, the answer is yes.

Criminal Penalties

A second conviction of DUI in Virginia is a Class 1 misdemeanor. You will be forced to pay a fine of at least $500 and your driver's license will be revoked for three years. If your first conviction occurred within the past 10 years, the court will require you to get an ignition interlock device on every vehicle you own, co-own or operate if you want to have your driving privileges reinstated after that period.

There is also a possibility that you will receive a sentence of up to one year in jail. If this second offense occurs within 10 years of your first offense the court is required to sentence you to at least 10 days in jail. The mandatory sentence increases to 20 days if your previous conviction occurred only five years ago.

You will also be ordered into the Alcohol Safety Action Program (ASAP) at your own expense. This program is used to determine which intervention services you need. You may, for example, be ordered to obtain substance abuse treatment. You will be on probation overseen by ASAP for three years.

Administrative Penalties

In addition to the criminal punishments, you will face administrative consequences if you are have a previous DUI conviction and you are charged again due to a BAC that is .08 or higher. DMV will suspend your driver's license for 60 days or until you go to court. You need to understand that this will happen after you are arrested and before you are even convicted.

If your first conviction occurred within the past five years DMV will require you to get an ignition interlock device before granting you restricted driving privileges or restoring your regular privileges.

Legal Assistance

You should not even consider fast tracking your case by pleading guilty. Retaining a drunk driving attorney is very important if you have been charged with a second DUI in Virginia. The laws in this state are complex. For example, you may be subject to harsher penalties than those listed above if you had an extremely high BAC level.

Some Virginia courts require legal representation for DUI cases. Without it, do not have any realistic expectation of successfully defending yourself. Furthermore, most prosecutors will not even consider offering a plea bargain to an unrepresented individual. Be smart, contact an experienced attorney as soon as possible.