All prosecutors handle DUI offenses very seriously and, of course, DUI second offenses are no exception. If anything, they’re taken more seriously than first-offenses, because prosecutors and courts now view the person as a potential danger to society. Because the person charged has already been convicted of DUI, the prosecutors will be very concerned that they did not learn their lesson from the first offense and stop their behavior.
This is concerning to the prosecutor because they have seen that the punishment had no effect on the driver and therefore they will try to enhance and increase the punishment. They look for higher levels of jail time, active jail time, more severe fines, and longer losses of license.
Arlington prosecutors and courts treat second-offense DUIs extremely seriously and you can expect if you’re charged with a second offense that the prosecutor will not take it lightly. To start creating a case in your defense, contact an Arlington DUI lawyer immediately.
For second-offense DUI, it depends on how long ago your previous offense was. If your prior conviction was within five years, you’re facing a 20-day jail sentence and a three-year loss of license. You also can’t get a restricted license for one year. If your second offense was within five to 10 years, you’re looking at a ten-day active jail sentence in addition to a three-year loss of license, and you cannot get a restricted license for four months.
If there is an elevated BAC, there are additional mandatory jail terms attached to the conviction as well. In addition to those jail sentences, you’re also facing fines, the ASAP program, and court costs. Those are the mandatory jail sentences, but a second-offense DUI is punishable by up to 12 months in jail, a $2,500 fine, and three-year loss of license.
Courts and prosecutors in Arlington do not offer diversion programs on any type of DUI offense, first or second. It is not something you should expect. It is never done, particularly in a second offense. Arlington law enforcement take repeated DUI offenses very seriously and they do not divert or put people on probation and then dismiss the charges. It just does not happen.
Second-offense DUI charges result in a mandatory three-year loss of license. You will lose your license for three years if you’re convicted of a second offense. After four months, you may apply for a restricted license, if your second DUI occurred within five to 10 years of your first DUI.
It is a year until you can apply for a restricted license if your second offense happened within five years of your first. These are all required by statute, meaning by Virginia law. It is not something that the prosecutor or judge can alter and there’s a mandatory suspension.
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