Conviction of a fourth offense within ten years of a DUI or DWI carries with it a mandatory minimum term of imprisonment of one year. It is 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; however, the first year is mandatory for anyone convicted of a fourth offense within a ten year period. The court may impose a fine of up to $2,500, and a mandatory minimum fine of $1,000 has to be imposed. There is no difference if it occurred within five or ten years on a fourth or subsequent offense. It is a mandatory minimum jail sentence of one year.
Additionally, on a fourth offense one’s driver’s license or privilege to drive (if an out of state driver) shall be suspended for his or her lifetime with an opportunity to petition the circuit court for a restricted license after a period of three years, and full license restoration cannot occur until five years have passed.
A person who has had his or her 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. This is required to remain in place for a minimum of six months and could remain for the full term of the restricted license after due consideration is given to ASAP’s recommendation.
Clearly, one must explore all potential defenses to a conviction for a fourth offense of a DUI or DWI. There are times when the Commonwealth cannot prove valid prior offenses, so it is important that you talk with a skilled DUI defense attorney like those at Boone Beale. We have handled countless such cases where people were convicted in states where the laws were not substantially the same as those in Virginia, enabling us to resolve the case with far fewer consequences. We will leave no stone unturned, explore the limitless defense possibilities in your case, and keep you informed. The limit to the defense of your case is our imagination.