Virginia DUI Defense: Third Offense Penalties in Virginia

A third offense of Virginia DUI or DWI within ten (10) years is a Felony! Accordingly, it has severe consequences. The stakes are higher. A felony conviction rather than a misdemeanor has major consequences such as the right to vote, own or possess a firearm. A third offense is categorized as a Class 6 Felony, which carries with it a term of imprisonment from one to five years or, alternatively, up to twelve months in jail. The Court must impose a fine of $1,000 minimum and may impose a fine of up to $2,500. Likewise, there is a minimum jail sentence of 90 days that must be imposed if the offense is more than five years but less than ten years after the prior offenses. If the third offense occurred within five years of the previous offenses, there is a mandatory minimum jail sentence of six (6) months that must be imposed and cannot be suspended by the court.

Additionally, one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for his or her lifetime on a third offense. Drivers may petition for restricted privileges after three years and full privileges after five years have passed since the date of conviction. The petition process can be a long and complicated process to navigate.


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A person who has had their license restored must have an ignition interlock installed in all vehicles registered in his or her name in order to obtain a restricted driver’s license. It will be required to remain in place for a minimum of six months, and could remain for the full term of their restricted license after due consideration is given to ASAP’s recommendation.

Clearly, one must explore all potential defenses to a conviction for a third offense of a VA DUI or DWI. We can often help and find a defense! There are times when the Commonwealth cannot prove a valid prior offense so it is important that you talk with a skilled Virginia DUI defense attorney like those at Boone Beale. We will leave no stone unturned in trying to avoid such a conviction. There are literally endless possibilities of defense and we counsel you on all the possible defenses applicable to your case. Remember that the possible defenses in your case are limited only by your imagination.

We handle felony DUI cases throughout the Commonwealth of Virginia. Remember we do not charge for an initial consultation so call us to investigate all possible defenses. Don’t make a mistake by hiring the wrong attorney.

Virginia DUI Defense

Virginia DUI Defense

Virginia DUI Defense

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