Below, a DUI attorney in Fauquier County discusses the charges and penalties associated with a second DUI offense. A subsequent DUI charge has more severe consequences compared to a first DUI charge.
Second DUI offenses are logically prosecuted even more vigorously than someone who has received a first offense DUI charge. This is because it is presumed by virtue of being convicted of a first offense, you are on notice of the serious nature of this bad decision and the serious consequences further violations may incur.
Second offense DUIs are therefore prosecuted much more vigorously and much more aggressively and the defendant is seldom given the benefit of the doubt.
If you are charged with a second offense DUI case, your charge will also be heard at the Fauquier County General District Court located at 6 Court Street, Warrenton, Virginia 20186. Second offense DUI charges are also Class 1 misdemeanors.
There are a variety of more serious penalties for a second offense DUI. At its core, the second offense DUI is still a Class 1 misdemeanor punishable by up to 12 months in jail, up to $2500 fine or a combination thereof. However, second offense DUIs carry more serious mandatory minimum penalties than the first offenses and it varies depending on how much time has passed between the second offense and the first offense.
If the second offense is committed within a period of five to 10 years from the prior offense, then second offense shall be punished by:
However, if the second offense occurs within five years form the first offense there is:
In addition, second offense DUI carries loss of Virginia operating privileges of 3 years and you may have to wait longer for restricted license to be available.
Like prosecutors, the judges while handling second offense DUI offenses are extremely aware that the person has had a prior conviction and is on notice that this behavior may lead to serious consequences, therefore judges in the Fauquier General District Court are reluctant to show mercy and leniency when someone comes before them with second offense DUI. This is especially true when the second offense is recent in time to the first offense.
For any offense that involves a second or subsequent conviction, I want to examine the factors that led to the first conviction. In addition to the methods and strategies I use to build a defense for a first offense DUI case, I want to take a look back and try to get my hands on the certified copy of the conviction order as soon as possible. This is especially important if the first conviction occurred in a different state or federal property.
If you are convicted of a second offense DUI in Fauquier County, your driving license will be suspended for a period of three years. The three years suspension occurs if you are a Virginia driver. If you are an out of state driver, you will lose your privilege to operate in the Commonwealth of Virginia for the same period of three years. If your offense occurred within five years of your first offense, you will not be eligible for restricted license for a period of one year. If the second offense is between five and 10 years of the first offense you will be eligible for restricted license after four months.
Just because you are eligible for restricted license does not mean that the court is required to grant you the restricted license and your eligibility for restricted license depends on the facts and circumstances of your particular case. Seeking legal counsel can be beneficial to you, if you are charged.
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