Our Experienced DUI Lawyers Explain the Severe Penalties Related to a Second DUI and How We Can Defend You 

You can’t afford to make the mistake of just pleading guilty. The skilled Manassas DUI lawyers at The Wilson Law Firm understand the long-term consequences of a second DUI conviction and can raise defenses to try to beat the charges you face. 

Understanding What Constitutes a DUI in Virginia officer-with-breathalizer-DUI

Under Virginia Code § 18.2-266, it’s considered driving under the influence (DUI) to drive a vehicle while under the influence of alcohol, drugs, or a combination of them. You can be charged with this crime for the following:

  • You’re operating a vehicle when your blood alcohol content (BAC) is 0.08 percent or higher.
  • You’re driving while under the influence of alcohol, even if your BAC is less than 0.08 percent.
  • You’re operating a vehicle under the influence of a drug or combination of drugs that reduce your ability to drive safely.
  • Your consumption of a combination of drugs and alcohol impairs your ability to drive.

Penalties for a Second DUI Conviction

While a second DUI offense in Virginia is classified as a misdemeanor, it carries severe penalties that can include a mandatory jail sentence. Under Virginia Code § 18.2-270, the sentencing for a second DUI conviction in Virginia varies depending on the timeframe since your first conviction. 

Here are the punishments you can expect if the second DUI occurs within five years of the first conviction:

  • Serving a mandatory minimum jail sentence of 30 days with 20 days of active jail time up to a maximum of one year.
  • Paying a mandatory minimum fine of $500 to a maximum of $2,500.
  • Having your driver's license suspended for three years with the possibility of a restricted license after one year.
  • Being required to successfully finish the Virginia Alcohol Safety Action Program (VASAP).

If the second DUI occurs within 10 years of the first conviction, the judge could impose these sentences:

  • Jail sentence of not less than 30 days, with a 10-day mandatory minimum jail sentence 
  • Fine ranging from a minimum of $500 up to $2,500.
  • Driver's license suspension for three years.
  • Completion of VASAP and undergoing random drug and alcohol testing

At The Wilson Law Firm, our skilled legal team understands how serious these charges are and is ready to protect your rights and future.

How Our Manassas DUI Lawyers Craft a Strong Defense Strategy

When facing second DUI charges, you need skilled legal counsel by your side. Here are some defense strategies we may employ:

  • Raising constitutional violations of your rights, such as your right to remain silent and not be subject to an unlawful search. 
  • Disputing the validity of the traffic stop or arrest procedures.
  • Challenging whether the field sobriety tests or breathalyzer results are accurate.
  • Seeking alternative sentencing options such as probation or community service.
  • Negotiating with the prosecutor for reduced charges or penalties through a plea bargain.
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