Third Offense DUI in Virginia

In Virginia, driving under the influence cases are fiercely prosecuted. If you have two prior convictions and you are facing a third, you should not underestimate how serious this matter is. If you are found guilty, you will be convicted of a Class 6 felony and the penalties will be harsh.

Some states have lookback periods and DUI convictions that are outside of that time frame are not considered. In Virginia, a third conviction is a third conviction, no matter how old the previous charges are. However, if the previous charges occurred within the past decade, the consequences will be more severe.

Administrative Penalties

DMV will take action before you even go to court if you have two previous convictions and you are arrested for a DUI with a BAC of .08 or higher. Your driver's license will be suspended until you go to trial.

Criminal Penalties

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.

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.

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 and Legal Representation

You could plead guilty, you could plead not guilty or you may receive a plea bargain. No matter which option you are considering, realize that for a case involving a third DUI, you need a lawyer. It is best to select one who specializes in DUI cases.

If you are not represented by a lawyer, being found not guilty or receiving a plea bargain offer are not realistic expectations. Virginia DUI law is very complex and most prosecutors will not even consider making a deal with an unrepresented individual. Don't play with your future. Contact an experienced attorney as soon as possible.