A second offense DUI is a serious matter. Potential consequences include long-term suspension of a license and jail time. That is why it is important to work with a capable second offense DUI attorney. A seasoned lawyer that could mitigate the Fredericksburg second offense DUI penalties that you may face.
The way a prosecutor handles a second-offense DUI depends on the time span in which the first and second offenses occurred, i.e., a second DUI in five years or a second DUI in 10 years. In Virginia, a second DUI in five years is a Class 1 Misdemeanor just like a regular DUI, which carries Fredericksburg second offense DUI penalties like up to 12 months in jail, up to a $2,500 fine, and all of the penalties that go along with the regular DUI.
A second DUI in five years is going to carry a mandatory minimum of 20 days in jail and that can increase if the individual’s blood alcohol level is higher or if they have other aggravating factors in the case. There is also mandatory a minimum fine for a second DUI in five years of $500 if they are convicted.
If an individual is arrested for a second DUI in five years, one of the Fredericksburg second offense DUI penalties that they may face is immediate administrative suspension which starts at 60 days instead of the week in which the individual was arrested. The clock starts with 60 days after being charged with a second DUI in five years and if the individual is convicted of it, their driver’s license is revoked for three years. There is a much higher problematic suspension threshold which occurs after being charged with a second DUI in five years and upon being convicted, it is much harder.
If it is a second DUI in 10 years, the mandatory minimum in jail is bumped up to 10 days and then the individual will have an immediate 30-day administrative license suspension. It is a bit less serious than a second DUI in five years, but it is still considered extremely serious. There are no diversionary programs in the State of Virginia so the minimums, mandatories, suspensions, and fines stand.
A license suspension threshold changes upon conviction of a second offense DUI. There is a 60-day administrative suspension of their driver’s license pending the trial if it is a second DUI in five years. If it is a second DUI in 10 years, i.e., a DUI conviction seven years ago, then it would not be a 60-day suspension pending trial, only 30 days. What really matters is what the individual is charged with.
Upon conviction of a second DUI in five years, an individual’s driver’s license is revoked for three years and they would have to wait at least one year to be able to apply for a restricted license under the Rules of the Virginia State Code for that type of charge.
If an individual is charged with a second DUI in five years, it is much more likely that the individual is going to challenge the suspension of their driver’s license, but they have to have probable cause for the second offense, not just of the DUI charge itself. What sometimes happens is that an individual is charged with a second DUI in five years and is convicted outside of the State of Virginia.
In that instance, is it imperative that an individual gets in touch with a skilled second offense DUI lawyer. Their attorney could bring a probable cause showing to try to show that it is not a qualifying first DUI and therefore there is no probable cause for the individual to be charged with a second offense DUI. That often happens, especially if the individual is facing 60 days without their license before they are even convicted of the charge. A capable attorney could challenge a person’s license suspension and mitigate the Fredericksburg second offense DUI penalties that a person may face.