In Virginia, strict DUI laws can cost you your freedom. Even from the first offense, you`ll face big penalties. When it comes to Virginia`s penalties for driving while intoxicated, a 2nd DUI conviction is one that will surely impact your future. Keep in mind that the state will charge you with DUI if you`re either under the influence of alcohol or drugs. Your blood alcohol content (BAC) over 0.08% or more is all it takes to wind up in hot water with these charges that includes a jail time.
Those under the legal drinking age of 21 only need a BAC of 0.02% or more. If you get a DUI conviction in Virginia, it will stay on your record for 10 years. While that`s not as lengthy as Florida which keeps DUI convictions on the record for 75 years, it`s still enough time for prospective employers, landlords, and creditors to see it and judge you on your alleged past.
Will you go to jail for this 2nd DUI? That will depend on whether or not you`ve been arrested for it after the 10-year window has passed. If it has been 10 years or more, it will legally be considered as a first offense and, with the expert defense of DUI lawyers in Prince William County, VA, you may not have to go to jail.
What Are Virginia`s Penalties for a 2nd DUI?
In Virginia, a 2nd DUI is punishable by 10 days to 12 months in jail along with fines that can range from $500 to $2,500. You also face having your license suspended for 3 years and will be required to get an ignition interlock device (IID) installed on your vehicle for a minimum of 6 months.
There is more trouble for those with a 2nd DUI that have aggravating factors in their circumstances, which can result in steeper fines and longer jail terms. If you are driving under the influence with a minor passenger, driving a commercial vehicle, causing property damage or injury because you`re intoxicated, are under 21, or you refuse to submit to a BAC test, you should expect the courts to be even tougher on you.
Is There a Possibility to Avoid Jail Time for a 2nd DUI in Virginia?
As mentioned, if your 2nd DUI in Virginia was 10 years ago or longer, it may be treated in the same way as a first-time DUI offense. However, there are no guarantees. To get the best possible results, you will want to hire a defense attorney.
A defense attorney can help you by working to get the charges dismissed or downgraded. This will be no easy feat, even for the most experienced of defense attorneys since Virginia is very strict on driving under the influence. Still, if you can`t get the charges dismissed, pleading guilty to a lesser offense will drastically lighten your penalties. You may not be able to avoid jail time though you will spend less time behind bars. Make sure you contact an experienced DUI lawyer as soon as possible to discuss your case.