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Repeat DUI Offenses and How They Could Affect Sentencing

A first DUI offense is typically a Class 1 misdemeanor, resulting in a minimum fine of $250. However, there is no jail time if the result of a blood alcohol concentration (BAC) test is less than 0.15 percent.

Getting charged with a DUI for the second, third, or fourth time can be scary. You face higher fines and might spend time in jail. Knowing your rights and legal options is essential to defend yourself in court. Here, you can learn more about the penalties for repeat DUI offenders.

Sentencing for a Second DUI Offense

In Virginia, a second DUI charge is a misdemeanor crime. Virginia Code 18.2-270(B) provides the mandatory minimum sentencing for a second DUI conviction. If you are convicted of a second offense within less than five years of the first offense, the penalties include:

  • Between one month and one year in jail with a mandatory minimum sentence of twenty-seven days
  • $500 mandatory minimum fine

If convicted of a second offense within five to ten years of the first DUI, sentencing includes:

  • At least a $500 fine
  • Confinement in jail for at least one month with a mandatory minimum sentence of ten days

A second DUI conviction within ten years of the previous offense and a BAC of at least 0.15 percent but no more than 0.20 percent is punishable by:

  • A fine of no less than $500
  • Additional jail confinement for at least ten days

If the BAC level is over 0.20 percent, the penalty is a mandatory minimum fine of $500 and an additional minimum period of 20 days in jail.

Sentencing for a Third DUI Offense

According to Virginia Code 18.2-270(C), a third DUI conviction is a felony offense. It is considered a Class 6 felony if you commit three DUIs within ten years. Sentencing includes:

  • A minimum of a $1,000 fine
  • At least 90 days in jail

For three DUI offenses committed within five years, the charge is also a Class 6 felony. However, the mandatory minimum sentence increases to six months in jail.

A subsequent DUI violation after a felony DUI conviction, an offense under Virginia Code 18.2-36.1, 18.2-36.2, 18.2-51.4, or 18.2-51.5, is a Class 6 felony. Sentencing includes at least a $1,000 fine and mandatory minimum imprisonment for one year.

Sentencing for a Fourth or Subsequent DUI Offense

A conviction for a fourth or subsequent DUI offense within ten years requires no less than a $1,000 fine and a mandatory minimum prison term of one year.

Administrative Penalties for DUI Conviction

An automatic license suspension for a DUI arrest occurs if:

  • BAC result is at least 0.08 percent by weight by volume or 0.08 grams or higher per 210 liters of breath
  • BAC result for a person under 21 is 0.02 percent or higher by weight by volume or at least 0.02 grams per 210 liters of breath
  • A person refuses to submit to a blood or breath test

The license suspension lasts seven days unless the person is charged with a second or subsequent DUI offense. A second DUI charge leads to 60 days of a suspended license. License suspension lasts until the day and time of the trial for the charge on the summons, warrant, or petition if it’s the third or subsequent offense.

Fight for Your Future with a Dedicated DUI Defense Lawyer

As former prosecutors, the Hampton Roads DUI defense attorneys of Shannon & Associates, P.C. know how the prosecution approaches criminal cases. Our knowledge allows us to create effective defense strategies for our clients. We can protect your rights and fight to secure your freedom and future.

If you were arrested for or charged with DUI in Virginia, call us at (757) 228-5529 for a confidential consultation today.

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