Second Offense DUI Charges

Our Norfolk, VA DUI defense lawyers can fight for you

A second driving under the influence (DUI) charge in Virginia can have very serious consequences. Compared to a first-time DUI conviction, the penalties for a second DUI conviction can be much more severe, including bigger fines, a longer driver’s license suspension and mandatory jail time.

With so much at stake, it’s critical that you take action right away. That’s why our Virginia DUI defense attorneys at Welch & Wright, PLLC want to meet with you. We know the law. We understand the legal system. We know how to win.

If your DUI case goes to court, our skilled DUI trial attorneys have extensive courtroom experience successfully handling DUI cases in the Hampton Roads area and throughout Virginia. We’re prepared to do the work that needs to be done to fight for your freedom. You can count on us after your second DUI offense.

What happens after someone’s second DUI arrest in Virginia?

If you have been arrested and charged before for drunk driving in Virginia, you know how serious and intimidating the legal process can be.

You will likely be taken to the police station to undergo a mandatory DUI chemical test. If you refuse to take a DUI breathalyzer test or DUI blood test and are convicted of a Refusal to give Blood or Breath at trial, you will automatically lose your driver’s license for 12 months.

If you are charged with DUI, you will have to appear in court. And if you are ultimately convicted of a second DUI within 5 years of your first DUI, you will spend time in jail.

Will my driver’s license automatically be suspended?

Yes. This automatic suspension is known as an administrative license suspension. For a second offense, the automatic driver’s license suspension is 60 days, compared to just a 7-day suspension for a first offense, according to Virginia Code 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle.

Penalties for second DUI conviction in Virginia within 5 years

The mandatory penalties for a second DUI conviction within 5 years of your first DUI conviction in Virginia can be found in Virginia Code 18.2-270. These penalties include:

Fine of $500 to $2,500.
Driver’s license suspended for 3 years.
Ignition interlock device installed for 6 months to 3 years at judge’s discretion.
Mandatory minimum jail sentence of 1 month, 20 days of which are mandatory.
Additional 10 days in jail if BAC over 0.15 percent but less than 0.2.
Additional 20 days in jail if BAC is over 0.2 percent.

Penalties for second DUI conviction in Virginia within 5 to 10 years

The mandatory penalties for a second DUI conviction at least 5 years after someone’s first DUI conviction in Virginia but within 10 years are slightly different:

Fine of $500 to $2,500.
Ignition interlock device installed for 6 months to 3 years at judge’s discretion.
Driver’s license suspended for 3 years, but you can apply for a restricted driver’s license after 4 months.
Mandatory jail sentence of 10 days.
Additional 10 days in jail if BAC over 0.15 percent but less than 0.2.
Additional 20 days in jail if BAC is over 0.2 percent.

Will I serve time in jail for a second DUI conviction?

Most likely, yes. However, you might not have to serve as much jail time depending on the circumstances of your case and the judge’s decision. In particular, your DUI defense attorney may be able to secure you suspended jail time for part of your prison sentence for your second DUI conviction.

In Virginia, there are two types of jail time when it comes to DUI convictions and other criminal charges: active jail time and suspended jail time. Active jail time needs to be served in jail. Suspended jail time does not have to be served if you abide by the court’s orders. If you do not follow the court’s orders, then your suspended jail time will be revoked, and you will have to serve active jail time.

Can I appeal my second DUI conviction?

Under most circumstances, yes, you can appeal, but there are strict deadlines. You have 10 calendar days from the date of your second DUI conviction to file a Notice of Appeal with the General District Court clerk’s office.

However, successfully appealing a DUI conviction in Virginia can be a very complicated, confusing, and intimidating process. That’s why it’s critical that you talk to an experienced Virginia DUI defense lawyer as soon as possible to better understand your legal options.

Your rights matter. We can help

The stakes are high when it comes to a second DUI conviction in Virginia. Don’t try to tackle your legal case on your own. Make us your first call. Contact our law firm to learn more about your legal rights. Schedule a free case evaluation with one of our highly skilled Norfolk, VA DUI defense attorneys. We know what to do and can get right to work on your legal case.