Being charged with a second offense DUI charge in Fredericksburg can be an overwhelming experience. In addition to the stress of being charged, going through the motions of defending yourself a second time can be an exhausting ordeal. Further, the penalties associated with a second offense will likely be more serious than those for a first offense, including those imposed on an individual’s license. With that in mind, it is important to understand the potential license suspensions that you may be facing, and consult with an attorney to help mitigate the damage as much as possible.
Prosecutors take second offense DUIs even more seriously than first offenses. This is most likely because of the prevailing feeling among most that while a first offense DUI is something that someone could innocently or unintentionally stumble into. By the time a person is charged with a second offense, the person has probably committed this offense on a number of occasions and not been caught.
For this reason, prosecutors are going to try to get a conviction and get the strongest penalties that they can. Second offense DUIs are quite a bit more serious under Virginia law than first offense DUIs. Second offense DUI charges necessitate mandatory minimum jail time and a mandatory license suspension of three years.
There are a couple of different things that can happen to your license after a second offense DUI in Fredericksburg, especially if this second conviction occurs within 10 years.The person is going to have a three-year license suspension. The person will not be able to apply for a restricted license for the first four months of that suspension. If the person is convicted of a second DUI within five, they will have a three-year license suspension but will not be able to get a restricted license for the first year of that three-year suspension.
When a person is charged with a second DUI offense, there is an automatic license suspension of 60 days or whenever the case goes to court, whichever period is shorter. This is an administrative suspension, which is going to apply prior to conviction. If 60 days runs out before the person’s case goes to court, their license is valid between the time that 60 days runs out and the time that the person’s case is tried. If the person is acquitted, their license will be returned.
As with a first DUI offense, there is no way to challenge the license suspension on a second or a subsequent DUI offense. If a court makes a conviction of a second DUI, it has no choice under Virginia law but to impose the license suspension. The way that a person challenges a license suspension is by challenging the DUI because once a person is convicted, not much can be done.
Having to take on the court system for the second time can be an anxiety-inducing experience. You may wonder what will happen to your license after a second offense DUI in Fredericksburg, but working with the right lawyer can alleviate that stress.
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