Virginia has no “lookback” period so that it doesn’t matter when you commit your third DUI. However if all three DUIs occurred within the past decades, the legal consequences are likely to be more severe. If you are found guilty of a third DUI, you will be convicted of a Class 6 felony and subject to the following penalties:
Administrative Penalties
If you have two previous convictions and you are arrested for a third DUI with a blood alcohol content (BAC) of .08 or higher, your driver's license will be suspended until you go to trial.
Criminal Penalties
License and Fines. If you are found guilty of a third DUI in Virginia, the court must require you to pay a fine of at least $1,000. Your driver's license will be revoked indefinitely, and if you are the sole owner of your vehicle, you will be required to forfeit it.
Jail time. The court also has the option give you a jail sentence of up to five years. If this third offense occurs within 10 years of your last conviction, the judge trying your case is required to sentence you to at least 90 days. If your last conviction was within five years, the judge is required to order a six month sentence.
ASAP program. 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. In addition to any services that you are required to obtain, you will be put on probation overseen by the ASAP for three years.
Pleading
You have the option to plead guilty, not guilty or you may receive a plea bargain offer. Contact an experienced attorney as soon as possible.
