DUI Laws – 2nd Offense
When you are convicted with the DUI charges, the first offense will land you in a misdemeanor criminal category where you will be registered as a criminal (if convicted). Although there is always time to appeal for it, if you are found with the same offense for the second time, then this will get more serious and chances of penalties and sentences getting more severe and harsh. A second offense carries a large number of penalties, which might land you in felony criminal list as well. Your license can be suspended for a long period than before, and there will be more mandatory jail time compared to first offense.
Does a second offense DUI have mandatory jail time? Yes. Whereas a conviction for first-offense DUII might not carry mandatory jail time if the Blood Alcohol Concentration is relatively low, a second-offense DUI within a five-year conviction carries a minimum term of 20 days in jail. The listed penalties can be applied if you are charged with the second offense DUI:
- Administrative license suspension for 60 days.
- Minimum $500 fine.
- Indefinite license revocation.
- If within fewer than five years of the first offense, a mandatory one month to 1 year in jail.
- If within five years to 10 years of the first offense, a mandatory minimum of ten days in jail.
- Any court-ordered restitution.
- Possible ignition interlock device.
- Possible restricted driver’s license.
- Criminal record.
For the second-offense DUI conviction with a Blood Alcohol Concentration level of 0.15 – 0.20, the above jail terms are increased by an additional mandatory ten (10) days. If the Blood Alcohol Concentration level is higher than 0.20, the above jail terms are increased by an additional mandatory twenty (20) days.
Does the second offense of DUI charges carry higher fees and harsh penalties? Yes. If you are convicted of a second offense DUI, you will have to pay a mandatory fine of minimum $500. This $500 fine is imposed if your second offense happens in 5 years or 10 years after being convicted with the first offense. Additionally, your driving license will be suspended for a maximum of 60 days after you are taken into custody by the police. If the second offense of DUI happens within five years, your driving privileges shall be suspended for three years in the Commonwealth of Virginia, and you can only apply for a restricted license after one year. Moreover, if you are convicted with the second offense of DUI after five years but less than ten years, your driving privileges shall be suspended for three years in the Commonwealth of Virginia, and you can apply after four months for a restricted license.
Charged with Second Offense DUI
If you are charged with a second DUI in Virginia, then you should consider hiring legal counsel as you may be subject to harsher sentences and penalties than those listed above if you had a higher Blood Alcohol Concentration level.