Second offense DUIs are treated very seriously in Virginia. And there are two categories of them: second with in five years and second with in ten years.
If someone is convicted of having a second offense within five to ten years of their last offense, the penalties include a fine of $500.00 dollars to $2500.00 dollars, $500.00 dollars of which is a mandatory minimum. They can receive up to a year in jail, but as a mandatory minimum they must receive ten days in jail which cannot be suspended and for which they do not earn “good time” credit.
Their license will be suspended for a period of three years and they will not be able to ask for a restrictive driver’s license until four months have passed after their conviction. They must also complete the VASAP program and, for a period of at least 6 months, have the ignition lock system installed on any vehicle they drive.
If a person who is convicted of a second within five years, which is more serious, they will have fine of $500.00 dollars to $2500.00 dollars, $500.00 of which is mandatory. They will have a jail sentence which can be up to a year but which must include a 20 days minimum mandatory sentence.
Their license will be suspended for a period of three years. And they will not be able to ask for a restricted license until one year has passed from conviction. They have to complete the VSAP program as well as have the ignition system installed on installed on any vehicle they drive.
Third or subsequent DUI in Virginia is classified as a class six felony. It is treated very seriously. A third DUI offense within five to ten years of the last two previous offenses is punishable by a fine of $1,000.00 to $2500.00, however $1,000.00 is a mandatory minimum.
It’s punishable by one to five years of prison, or up to 12 months jail but there is a required minimum mandatory sentence of 90 days. The driver’s license is revoked indefinitely.
Driving privileges are permanently lost, unless privileges are restored by a Circuit Court in a separate proceeding they must initiate.
The more serious version of the third or subsequent, a third offense within five years of two previous convictions, also carries $1,000.00 to $2,500.00 fine, $1,000.00 of which is a mandatory minimum. It also carries one to five years in prison or up to 12 month in jail. Six months of that is a mandatory minimum which they must serve. And again, their license is indefinitely revoked.
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