First passed into the Legal Code of the Commonwealth of Virginia in 1950, statute § 18.2-270 addresses penalties for driving while intoxicated; subsequent offense; prior conviction, and states:
“Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000. “
Effective July 1st of this year, those convicted under this provision are considered guilty of a Class 6 felony with a one year mandatory minimum incarceration and any prison terms to be served consecutively.
The exact penalties for a 3rd DUI conviction depend primarily upon the amount of time that has passed since your last conviction. If you are charged with a third offense within a ten-year period, you will spend at least 90 days in jail and pay a minimum $1,000 fine. Your driving privileges will be suspended for the next three years and, before your driver’s license is reinstated you will, at your expense, install a mandatory ignition interlock device in your vehicle. This device will prevent your engine from starting if you do not pass the breathalyzer test and automatically sends test results to the court.
Along with court-imposed penalties you will also be affected by long-term consequences if convicted of a third DUI. Your insurance rates will skyrocket. Plus, as a convicted felon, you will be ineligible for basic housing, employment, and educational opportunities and assistance.
If you are the sole owner of the vehicle you were driving “during the commission of a felony violation of § 18.2-266” your vehicle is subject to seizure and forfeiture. After your arrest for a felony violation of § 18.2-266, the Commonwealth of Virginia may file information in accordance with § 19.2-386.34. Any property seizure “shall be stayed until conviction and the exhaustion of all appeals,” and you will receive notification on any action from the court.
The details of penalties and consequences following a Alexandria, VA DUI offense can be successfully negotiated during court proceedings. An experienced, highly rated DUI lawyer familiar with the Alexandria court system will construct a successful defense using legal strategies to establish reasonable doubt applied to each phase of your arrest and the evidentiary process using all applicable state and federal laws.
Contact the reputable DUI attorneys at Boone Beale today to get outstanding legal representation and mitigate penalties and consequences following your third DUI in Alexandria, VA.
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