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Penalties For Second Offense DUI’s in Henrico County

The second offense DUI is class 1 misdemeanor. It carries up to 12 months in jail, up to a $2500 fine but it also comes with a three year loss of license rather than just a simple one-year loss of license. In addition to that, if the second offense within five years there’s a 20-day minimum mandatory jail sentence and a $500 fine. Also a three –year loss of license and you are not eligible for a restricted license for at least one year.

If it’s a second offense within ten years, there’s a ten-day minimum mandatory jail sentence, a three-year loss of license and you can get a restricted license after four months, a $500 fine, and again these minimum mandatory jail sentence elevate if the blood alcohol level is also high.

Henrico prosecutors do not offer diversion programs or probation on second offenses so it is imperative you consult with a Henrico County second DUI lawyer as soon as your are charged.

Does the Amount of Time Between DUI’s Matter?

Yes, the time between DUIs matter most definitely matters. If it is a second DUI within five years, there’s increased penalties as well as a 20-day minimum mandatory jail sentence. If there’s a second DUI within ten years, there are also higher penalties but not a size, a five-year window and it’s a ten-day minimum mandatory jail sentence. If there blood alcohol level is elevated then additional minimum mandatory jail is applied to these sentences.

Consequences for Your Driving Privileges

Once you’re charged with a second offense DUI in Henrico County, your license is administratively suspended for 60 days. After a conviction for a second offense DUI, your license is suspended for three years.

Challenging a License Suspension

Now with the 60-day administrative suspension, you can attempt to argue that the stop was improper, that testing was improper or that the prior offense that they’re using to elevate your current charge to is improper. Again, it is difficult to get a judge to release an administrative suspension so the standard there is very high.

Restricted Licenses After 2nd DUI

Yes, you can apply for a restricted license on a second offense. If it’s a second offense within five years, you would have to wait one year before you can apply for a restricted license. You’re also required to have an ignition interlock device throughout the course of that restricted license. If the second offense is within ten years, then you can apply for a restricted operator’s license after four months.

If You Are Not Convicted, What Happens?

If you’re not convicted of a DUI, you have your license back immediately.

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