DUI Second in Virginia

Driving under the influence is a serious offense in Virginia. First-time offenses already subject drivers to serios consequences. However, the consequences of a second DUI offense can be much worse. For example, there are potential mandatory minimum jail sentences, driver’s license consequences, and other serious penalties imposed on second time offenders. However, just because you are charged with a second DUI offense does not mean you are guilty. It is important to discuss your case with an experienced DUI attorney to craft a legal strategy, defenses, and mitigation to your charge.

What Makes a Second DUI Charge in Virginia More Serious?

Under Virginia law, a second DUI within 10 years of a prior conviction comes with enhanced penalties, including:

• Mandatory jail time
  • If Second DUI is Within 10 Years
    • BAC .08 = 10 days
    • BAC .15+ = 20 days
    • BAC .20+ = 30 days
  • If Second DUI is Within 5 Years
    • BAC .08 = 20 days
    • BAC .15+ = 30 days
    • BAC .20+ = 40 days
• Fines ranging from $500 up to $2,500
  • $500 (if within 10 years)
  • $2,500 (if within 5 years)
• Driver’s license suspension for 3 years
• Ignition interlock device on your vehicle
• Alcohol safety action program (VASAP)
• Permanent criminal record

These penalties can disrupt your life, career, and finances – especially if you rely on your license or driving a car for work or family responsibilities. Not only that, but a permanent criminal record can have lasting impacts on your career, security clearance, job opportunities, ability to obtain professional licenses, and more.

What are Some Common Defenses to a Second DUI in Virginia?

While each case is different, and each case presents its own facts, some common legal defenses to a second DUI in Virginia include:

1. Challenging the Traffic Stop

Police must have a lawful reason to pull you over, like not staying in your lane, speeding, or erratic driving behaviors. If the stop was made without reasonable suspicion or it was otherwise unlawful, any evidence gathered after (like the results of a preliminary breath test) may be thrown out.

2. Scrutinizing the Field Sobriety Tests

Field sobriety tests are not always reliable, especially if you’re tired, nervous, or have a medical condition. An experienced DUI attorney might be able to argue that the tests were improperly administered or interpreted.

3. Breath or Blood Test Issues

Breathalyzers and blood tests must be properly maintained and administered by trained personnel. Breathalyzer machines must be calibrated and maintained regularly, and blood tests may only be appropriate in certain circumstances.

How Our Criminal Defense Attorneys Can Help You

If you have been charged with a second DUI offense, you should consider consulting with an attorney immediately to evaluate the facts of your case. Our attorneys have experience with these types of cases and regularly help clients in courts throughout Northern Virginia including Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. Contact us today for a free consultation to talk through potential defenses and discuss the specific facts of your case.