Fairfax County DUI

Virginia DUI/DWI Second Offense

Virginia DWI Second Offense

In the event you are charged with a second DUI/DWI arrest within a five-year period, you will be faced with increased penalties. Even though a second-offense DUI OR DWI is still considered a Class I misdemeanor, Virginia law imposes a much harsher sentence for repeat offenders.

Serving Jail Time For A Second Offense

Does a second offense DUI/DWI carry mandatory jail time? Yes. Whereas a conviction for first-offense DUI/DWI may not carry a mandatory jail sentence if the BAC is relatively low, a second-offense DUI/DWI within a five-year period conviction carries a minimum term of twenty (20) days in jail*. If your second offense occurs after five years but less than ten years since your first offense, then you will be required to serve a minimum of ten (10) days in jail*. * For a second offense DUI/DWI conviction with a BAC level of 0.15 – 0.20, the above jail terms are increased by an additional mandatory ten (10) days. If the BAC level is higher than 0.20, the above jail terms are increased by an additional mandatory twenty (20) days.

Does a second offense DUI/DWI carry higher fees and penalties? Yes. If you are convicted of a second offense DUI/DWI, you will be required to pay a mandatory minimum fine of $500. This $500 fine is imposed regardless of whether your second offense falls within five years or ten years of your first offense. Additionally, your driver’s license will be administratively suspended for 60 days after you are arrested. If you are convicted of a second offense DUI/DWI within five years, your privilege to drive in the Commonwealth of Virginia shall be suspended for three (3) years, and you can only apply for a restricted license after one year. If you are convicted of a second offense DUI/DWI after five years but less than ten years, your privilege to drive in the Commonwealth of Virginia shall be suspended for three (3) years, and you can apply for a restricted license after four months.

Additional Penalties Of A Second DWI Conviction

Does a second offense DUI/DWI carry any additional penalties? Yes. Depending upon your BAC level, you may be facing additional mandatory jail time if you are convicted of a second offense DUI/DWI.

  • If you are convicted of DUI/DWI with a BAC level between 0.15 and 0.20, then you will be required to serve an additional mandatory jail sentence of ten days.

    • If you are convicted of DUI/DWI with a BAC level of more than 0.20, then you will be required to serve an additional mandatory jail sentence of twenty days.

    As you can see, a second offense DUI/DWI is a serious matter indeed. If you’ve been charged with a second offense drunk-driving offense, you need the assistance of an experienced DUI/DWI attorney to protect your rights.
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