3rd DUI in VA: What Happens Next?

April 3, 2023
shot glass with car keys and handcuffs

When you have had a DUI, it can be a stressful time in your life. Worries about your freedom, profession, and family are just some of the concerns you may have. If you have received a 3rd DUI in VA, you are no doubt deeply concerned about what comes next.

When you find yourself in a situation like this, one of the most important steps you can take is to hire a Virginia DUI attorney. The legal system is quite complex, and when you are before the court, you need an attorney to assist you through the process.

What Happens After a Third DUI?

A DUI 3rd offense in the state of Virginia is defined as such if you have had two previous DWI convictions within a 10-year (or less) period. This is considered a class 6 felony and carries penalties such as prison time with a mandatory minimum, revocation of your license, and fines.

The degree and severity of the penalties you can receive after a third DWI can vary and depend on the nature of the occurrence and associated circumstances. For example, if you have a very high BAC (blood alcohol concentration) or have a minor passenger in your automobile, this aggravates the case and leads to increased penalties.

The scope of penalties that a third DWI can carry is not to be ignored and are a key reason you need a Fairfax DUI lawyer to assist during your legal proceedings. Here are some of  the associated penalties a third DWI can carry if you are convicted:

  • Jail Time: As a felony, a third DWI carries a sentence of one to five years in prison with a mandatory minimum jail sentence. The mandatory jail sentence for a DWI 3rd is 6 months if your prior offenses were within the last 5 years and 90 days if your priors were within the last 10 years.
  • Fines: Fines for a third DWI in the state of Virginia typically range from $1,000 to $2,500.
  • Loss of License: After a third DWI, your license is seized at the scene by the police officer. It is held by your local court until the case is decided upon. If convicted, your license is revoked indefinitely. After three years, a restricted license may be awarded solely for driving to and from work and other important appointments, such as doctor appointments. An ignition interlock is also required for at least six months upon receiving a restricted license. Full restoration can take longer to achieve.
  • Loss of Civil Rights: In addition to criminal charges and fines, you also lose civil rights as a convicted felon. These can include losing voting rights, the inability to own a firearm, and the inability to run for public office.

When You Need Legal Representation

When you are facing charges stemming from a DUI/DWI, you should not wait to hire legal representation. If you are facing charges for a 3rd DUI in Virginia, Rudolphi Law can help you. Contact us today to receive the advice and legal assistance you deserve and are entitled to under the law. Our Fairfax DUI lawyer can help you navigate the court system and seek the best possible outcome for you.