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Second and Third Offense DUI

Welcome to Virginia – one of the toughest states in the nation on DUI’s.  The cost and hassle and shame and time involved after a DUI charge can be simply life-altering and debilitating in itself.  It seems like everyone is looking at you differently, doesn’t it? In Virginia, if you receive two DUIs within a five year period the punishment becomes significantly harsher, despite the fact that a DUI and DWI are still considered class 1 misdemeanors.

Penalties for a second DUI include:

  • A $500 minimum fine;
  • A mandatory minimum jail sentence of 20 days;
  • An additional mandatory 10 day jail sentence (if your blood alcohol content was between .15 and .20);
  • An additional mandatory 20 day jail sentence (if your blood alcohol content level was greater than .20);
  • A 3 year driver’s license revocation and;
  • A possible ignition interlock device.

If you receive three DUIs within a ten year period you are facing the following consequences if convicted:

  • Being charged with a Class 6 Felony;
  • A mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months;
  • A mandatory minimum fine of $1,000;
  • License revocation and;
  • A possible ignition interlock device.

Additionally, an individual who is convicted of a DUI and DWI may also have to register with the Virginia Alcohol Safety Action Program (VASAP). VASAP aims to improve highway safety by decreasing the incidence of driving under the influence of alcohol and other drugs through educational programs.

Due to the harsh punishments associated with second and third offense DUIs, you need an attorney who understands the consequences and will fight for your rights. Contact us at Holcomb Law to schedule your “No Hassle Legal Strategy Meeting,” at which our criminal defense lawyer will answer ALL your questions and show you your options. You can reach us by phone at 757-656-1000 or by email at info@attorneyholcomb.com.  Our criminal defense lawyer will take good care of you. We look forward to hearing from you.