Second Offense Virginia DUI Lawyer
It can be quite frightening to face your second set of driving under the influence charges in Virginia, especially since you are likely to face harsher penalties and a more adversarial legal system than if you were facing your first DUI charge. If you have been charged with a DUI in Virginia, contact us for a free consultation on your case.
A second driving under the influence charge in Virginia can carry heavy penalties likely to deprive you of your reputation and your license and even cost you your job. Still, a Virginia DUI attorney can work with you to preserve your freedom and mobility.
Second Offense DUI Cases
The police officer’s investigation begins when they observe your vehicle. The investigation continues when you are pulled over. Therefore, your conversation, appearance, and even how you smell could all be recorded in the report.
All of the evidence recorded can be used against you in your driving under the influence case. But, again, field sobriety tests and breath test results help the officer determine what actions to take, such as getting someone that may be impaired off the road.
While the officer might be doing their job, there could be legal issues with the investigation that may help your lawyer defend your case. An experienced DUI lawyer will help you investigate and determine whether procedures and the law were followed during your arrest.
Facing a Second DUI in Virginia
DUI is defined in Virginia state legal code 18.2-266 as the act of operating a motor vehicle while intoxicated. According to Virginia standards, a driver with a blood alcohol content higher than 0.08 you can be charged with driving under the influence. Therefore, if you face a second Virginia DUI, the penalties and charges will differ from those received with a first driving under the influence.
Penalties for a Second Virginia DUI
If you are facing a second DUI offense, there are two different penalty categories:
Within five years – If your second DUI is within five years of your first DUI, you will face the following:
- A fine of up to $2,500
- 1 month to 1 year in jail
Within ten years – If the second DUI is within ten years of your first DUI, you will face the following:
- A fine of up to $2,500
- Up to 1 year in jail
- Additional enhanced sentence of a minimum mandatory ten days in jail
The possible consequences of a second DUI in Virginia mainly depend on your BAC at the time of your arrest.
If you have a BAC of .08 to .14:
- A mandatory jail sentence of 20 days if the second DUI was within five years of the first DUI.
- A mandatory jail sentence of 10 days if the second DUI offense was within ten years of the first DUI.
If you have a BAC of .15 to .20:
- A mandatory jail sentence of 30 days if the second DUI offense was within five years of the first DUI.
- A mandatory jail sentence of 20 days if the second DUI offense was within ten years of the first DUI.
If you have a BAC higher than .20:
- A mandatory jail sentence of 40 days if the second DUI offense was within five years of the first DUI.
- A mandatory jail sentence of 30 days if the second DUI offense was within ten years of the first DUI.
The above jail sentences represent the mandatory minimums. Furthermore, you will face fines of up to $500 and a 3-year driver’s license suspension.
What Are the Benefits of Hiring a DUI Lawyer?
While the possible consequences for a second conviction are more serious, hiring an experienced DUI lawyer can give you the peace of mind needed to execute a well-crafted defense.
Your lawyer can help with any court-related preparation and paperwork. If you live in a different state, your lawyer can represent you in court if you cannot be present. Finally, if your license is suspended, your lawyer will work alongside you to take the proper steps to ensure that it’s reinstated so you can move on with your life. Don’t risk walking into the courtroom alone. Instead, get in touch with a Virginia DUI attorney as soon as possible.
5 Star Virginia DUI Lawyer
David helped guide me on what to do, answer questions, allay concerns and negotiated well with the prosecutor. After the steps he advised me to take and his negotiations I was able to get a lesser charge (speeding ticket) than was ticketed by the officer. I was very pleased with the outcome. Highly recommend for any traffic infractions.
March 4, 2020
I received a ticket for failure to pay full time and attention in Arlington (a misdemeanor) and Mr. Deane explained the entire process to me and informed me of what actions I should take. Mr. Deane attended my court date with me and negotiated with the prosecutor on my behalf. I had a favorable outcome due to David's representation and I would completely recommend him for any traffic infractions or misdemeanors you have, it's completely worth it!
February 10, 2020