Third Offense DUI Defense

Have you been charged with driving under the influence (DUI) for the third time within 5 years in Virginia? This is a very serious criminal charge with severe penalties. If you are convicted of a third DUI, this is a felony DUI, one of the most serious types of DUI charges in Virginia.

This is why it’s critical that you talk to a Virginia DUI defense lawyer right away after you have been arrested. Otherwise, you will serve time in jail, lose your driver’s license, have to pay significant fines, and face many other penalties.

We know what’s at stake at Welch & Wright, PLLC. That’s why we want to help. Our skilled DUI trial attorneys have extensive courtroom experience handling DUI cases throughout Virginia. When your future is on the line, you can count on our courtroom tested DUI defense lawyers to fight for your freedom.

Will my driver’s license automatically be suspended?

Yes. And you might not get your driver’s license back for a long time, if ever. If this is your third DUI charge within the past 5 years, your driver’s license will automatically be suspended until your trial. And if you are convicted of drunk driving for a third time, your driver’s license will be suspended indefinitely – you can apply to be reinstated after five years.

Penalties for third DUI conviction in Virginia within 5 years

A third DUI conviction in Virginia within the past 5 years is considered a Class 6 Felony. The mandatory penalties for a third DUI conviction within 5 years in Virginia are included in Virginia Code 18.2-270. These penalties include:

• $1,000 to $2,500 fine.
• 6 months to 5 years incarceration.
• Possible forfeiture of vehicle.
• Driver’s license suspended indefinitely, with a 5-year minimum waiting period to petition the court to have it reinstated.
• Ignition interlock device installed for at least 6 months once your driver’s license is reinstated.

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

The mandatory penalties for a third DUI conviction within 5 to 10 years in Virginia include:

• $1,000 fine.
• 90-day mandatory minimum jail sentence.
• Possible forfeiture of vehicle.
• Driver’s license suspended indefinitely, with a 5-year minimum waiting period to petition the court to have it reinstated.
• Ignition interlock device installed for at least 6 months once your driver’s license is reinstated.

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

As noted above, there are mandatory minimum jail times for a third DUI conviction in Virginia. However, you might not have to serve the maximum amount of jail time if you receive suspended jail time for part of your prison sentence.

There are two types of jail time when it comes to DUI convictions and other criminal charges in Virginia: 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 as long as you follow the court’s orders. If you fail to follow the court’s orders, then your suspended jail time will be revoked and you will have to serve active jail time in a prison.

Can I appeal my third DUI conviction?

In some circumstances, yes, but you need to act fast if you want to appeal your conviction. By law in Virginia, you only have 30 calendar days from the date of your third DUI conviction to file a Notice of Appeal with the Circuit Court clerk’s office. Appealing Felony convictions to the Court of Appeals of Virginia is a much more complicated process then appealing a conviction from the lower general district court. There are many deadlines and notices of third parties in order to perfect a proper appeal in these cases.

If you plan to pursue this legal process, be aware that it can often be very difficult. Fortunately, you’re not alone. Our highly skilled, results-oriented Virginia DUI defense lawyers can work with you and explore every available legal option.

Our mission is your freedom. Contact us

The clock is ticking after your third DUI arrest. Don’t waste a second. Make us your first call. Contact our law firm to learn more about what we can do for you. Schedule a free case evaluation with a Norfolk, VA DUI defense attorney focused on winning your case. We can answer your questions, explain your options, and get right to work building a strong legal defense.