If you are Convicted of a second offense Virginia DUI or DWI within ten years of a first offense it carries enhanced penalties. The Court must impose a minimum fine of $500 and may impose a maximum fine of up to $2,500. Likewise, the Court must impose a minimum jail sentence of one month and a maximum jail term of twelve months. Twenty (20) days of the sentence are a mandatory minimum that cannot be suspended by the court if the offense occurs within five years or if it has been more than five years but less than ten years, the mandatory minimum sentence that must be imposed is ten (10) days. Additionally, one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for a period of three years. The court cannot grant a request for a restricted driver’s license until one full year has passed if there is a conviction within less than five (5) years of a first offense or after a hard suspension of four full months if it has been more than five years, but less than ten years since a first. .
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A person who has been convicted of ANY Virginia DUI or DWI must have an ignition interlock installed on all vehicles registered in his or her name in order to obtain restricted driving privileges. This means that a married wife or husband who may have two or three vehicles (wife, husband and driving teenager) will need to install an ignition interlock device on each of the three vehicles. Ignition interlock devices must remain in place for a minimum of six months, and they could remain for the balance of the three year suspension in the discretion of the court after giving due consideration to ASAP’s recommendation. It is important to call an experienced DUI defense attorney to navigate this complicated area of law to best protect your family.
Clearly, one must explore all potential defenses to a conviction for a second offense of a DUI or DWI. The DUI defense attorneys at Boone Beale can help you find a defense! There are times when the Commonwealth cannot prove a valid first offense, especially when it occurred in another state or was prosecuted under a local ordinance of a town or county. The dedicated Virginia DUI defense lawyers at Boone Beale will leave no stone unturned in trying to avoid such a conviction. We handle cases in Richmond, Henrico, Hanover, Chesterfield, Sussex , Caroline, Spotsylvania, Stafford, Prince William, Fairfax, Arlington and Alexandria just to mention a few!