As an attorney can tell you, the amount of time between DUIs matters a great deal. If you are charged with a second offense DUI within 5 to 10 years, there’s a mandatory minimum jail time of 10 days. So, you will be doing 10 days in jail if you’re convicted of that offense. Additionally, there is a fine of somewhere between $500 to $2,500. You have to complete at the ASAP Program, even if you already completed it before. Additionally, you will lose your license for a period of 3 years and you may only apply for a restricted license after 6 months.
If it’s a second DUI within 5 years, there are 20 mandatory days in jail. The maximum punishment is 12 months in jail. There’s a fine of somewhere between $500 and $2,500. You’ll have to enter into and complete the ASAP Program and you will lose your license to 3 years, and you will not be able to get a restricted license until at least one year.
Fairfax prosecutors do not offer diversion programs or probation for a second offense DUI. They just never do that so you shouldn’t expect that. No matter what kind of DUI you’re charged with, you should not expect a diversion or probation program.
Courts treat them very seriously. In addition to the mandatory jail time that they must impose for any second conviction, courts will sometimes add in additional jail time, impose a heavy fine, or not allow for a restricted license to ensure that person doesn’t drive.
Courts are particularly concerned with this offense because it means to them that the offender has already been convicted and has not learned their lesson. Judges are also responsive to the community and because the community is very concerned about drunk drivers, that is passed along to judges. Judges take it upon themselves to punish harshly to hopefully ensure that the individual charged does not commit a third offense DUI and does not go out into the community and injure themselves or other people in the community. So, they take them seriously and the sentences are often very harsh.
If you are convicted of a DUI second offense, that is a conviction that goes on your record. It cannot be wiped off or expunged at any time in the future. It is a part of your permanent criminal record.
If you are convicted of a DUI second offense you will automatically lose your license and privilege to drive in Virginia for a period of 3 years. That time period is in the Virginia Code, and the Court must impose that sanction.
If your conviction is a second offense within 5 years of the previous offense, you cannot obtain a restricted license for at least one year. That means that you will be unable to drive in Virginia at all for at least a year. If the conviction is a second within 10 years of the previous offense but more than 5 years, you cannot obtain a restricted license for a period of 6 months.