Virginia lawmakers are proud of their tough stance on drunk driving. The Department of Motor Vehicles’ brochure is titled, “Virginia is TOUGH on drugged and drunk drivers,” and states that if a person is convicted of a DUI second offense within 10 years of a previous DUI, the DMV requires an ignition interlock device installed on their car as a condition of most driving privileges, even if the court does not require it.
Those who are arrested for second offense DUI in Virginia may be surprised at the severity of the consequences. At The Wilson Law Firm, we defend people who have been arrested for any DUI offense and work aggressively to make sure our clients’ rights are not trampled, privileges are not suspended, and freedoms are not taken away.
Focused on DUI Defense, Focused on Results
At some law firms, DUI defense is something lawyers do in addition to other areas of law, such as basic criminal defense or even family law. That is not the case at The Wilson Law Firm. Our firm focuses on DUI defense and everything related to DUI defense, and as a result, we get better results for our clients.
Our firm’s founder, attorney Kevin Wilson, has been practicing law for nearly 20 years and has focused on DUI law for much of that time. Attorney Wilson has been an instructor for the Criminal Justice Training Academy and is a member of the National College for DUI Defense. Both he and attorney Patrick Cummings have formal training and certifications on field sobriety tests and breath machines – exactly the type of experience you want to have on your side.
Potential DUI Second-Offense Consequences in Virginia
Some of the consequences of a second-offense conviction are mandatory, while others are at the court’s discretion. The mandatory consequences of a Virginia DUI second offense conviction include:
- Minimum $500 fine
- Driver’s license revocation for three years
The court may also add a potential jail term of up to one year for a second-offense conviction. If the second conviction is within 10 years of the prior DUI conviction, then there is an additional mandatory penalty of a minimum 10-day jail term. For those convicted within five years of a prior DUI, then there is a mandatory minimum 20-day jail term.
Those with a second DUI offense charge and/or breath test refusal will have their driver’s license automatically suspended for 60 days. This means that the charge alone is enough to warrant consequences, even though there has not yet been a trial or conviction.
There are other aspects of Virginia DUI laws that are not the same as in many other states. For example:
- In Virginia, you do not have the option of requesting a blood test instead of a breath test for an alcohol-related offense.
- If an individual has a prior DUI conviction, he or she will be charged with a Class 2 misdemeanor for refusing to take a blood alcohol test.