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Second DUI in Virginia

Being charged with a Virginia DUI can be a stressful situation, but when you have faced DUI charges before, the stakes become even higher. If you have been charged with your second DUI in Virginia, you need an advocate in your corner, someone with experience willing to aggressively defend your best interests. If you are charged with a DUI and this isn’t your first time, contact Karin Riley Porter Attorney at Law for a free consultation on your case.

The moment an officer observes your vehicle, his or her investigation begins. It continues when you are pulled over and begin speaking to the officer. Your appearance, conversation, and even the way you smell could be written down in the officer's report. All of this is evidence of your condition and can be used against you in your second DUI case. Breath test results and field sobriety tests are used to help an officer determine whether to make an arrest and get someone off the road who may be impaired.

But not all cases are as cut and dry as you might think. Even though officers may be doing their job, there may be legal issues with their investigation that could help your attorney defend your case.  A seasoned DUI attorney will help you investigate and determine if the law and procedures were followed during your arrest.

Though penalties vary, the potential consequences of your second DUI offense in Virginia largely depend on your blood alcohol content (BAC) at the time of your arrest.

If your BAC is .08 to .14

  • Mandatory 20 day jail sentence (if your first DUI offense was within 5 years of second)
  • Mandatory 10 day jail sentence (if your DUI offense was within 10 years of second)

If your BAC is .15 to .20

  • Mandatory 30 day jail sentence (if your first DUI offense was within 5 years of second)
  • Mandatory 20 day jail sentence (if your DUI offense was within 10 years of second)

If your BAC is more than .20

  • Mandatory 40 day jail sentence (if your first DUI offense was within 5 years of second)
  • Mandatory 30 day jail sentence (if your DUI offense was within 10 years of second)

These jail sentences represent mandatory minimums; if convicted, you MUST serve at least this much time in jail.   In addition, you will face up to $500 in fines and a 3 year driver’s license suspension.

When you’re up against a second DUI in Virginia, you need all the help you can get. Contact the Karin Riley Porter Attorney at Law today for a consultation on your case. To learn more about First-time DUI offenders, click here. To learn about Third-time DUI offenders, click here.