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In this page, a DUI defense attorney in Alexandria discusses the penalties associated with a second DUI charge. In Alexandria, a subsequent DUI offense is treated very vigorously and prosecutors usually seek the highest possible sentence.
Penalties for a second offense DUI in Alexandria, and in Virginia generally, depending on when the prior offense occurred. If the prior offense occurred within five years of the second offense, then the court must sentence the defendant to:
That means that if you’re convicted of a second offense DUI within five years, you will be spending at least twenty days in jail.
If your second offense occurred within five to ten years of the current offense, the minimum penalty is:
These penalties only increase if you have an elevated blood alcohol concentration. For a BAC of .15 to .20, in addition to the mandatory jail time for a second offense, there is an additional 5 days mandatory added on top, and that number increases to 10 additional days if your blood alcohol concentration is a .21 or above.
Prosecutors do not do diversion or probation in lieu of a conviction for any kind of DUI case in Virginia. Unless your attorney is able to negotiate with the prosecutor for a dismissal or a reduction to a more appropriate charge, you will end up with a conviction on your record and diversion will not be offered.
If convicted, you will be on unsupervised probation for a period of time, even for a first offense DUI. If charged with a DUI in Virginia, expect not to be offered a diversion program and know that if convicted of DUI you will almost certainly be on unsupervised probation for at least one year after conviction.
After your second offense DUI in Virginia, you will lose your license for a period of three years. That is mandatory if you are convicted of a second offense. If it is a second offense within five years, you may be eligible for a restricted license after a year. If you are convicted of a second offense within five to ten years, you may be eligible for a restricted license after four months.
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