Two Different Kinds of DUI 2nd Offense and Their Penalties

April 18, 2022

If you’re convicted for a DWI 2nd offense within ten years in Fairfax County of the Commonwealth of Virginia, then this is considered to be a class 1 misdemeanor that comes with some potentially severe consequences. Penalties for a second DWI within a 10-year period include a mandatory jail sentence of 10 days, a fine of $500 minimum, court costs, and driver’s license suspension of 36 months with the first 4months being a hard suspension, as well as mandatory attendance of a substance abuse program.

The second DWI offense

There is another type of second DWI offense that carries steeper penalties, and this is when a person is convicted of a second DWI within a five-year period. For instance, a person who is convicted of a second DWI within ten years of the first will be sentenced to a mandatory minimum of 10 days in jail up to one year. However, a DWI 2nd in 5 years carries a mandatory minimum 20 days in jail up to one year. The person’s blood alcohol content (BAC) could further affect this. Generally, the higher a person’s BAC is, the more serious their penalty is. When it comes to a DWI 2nd offense, the usual mandatory minimum jail sentences for a high BAC are doubled and compounded in addition to the mandatory sentences for the subsequent DWI offense.

Was a minor child present?

If you are arrested for the second time and convicted of a DWI and there was a minor child present in the vehicle, then your charges will increase significantly. If there was a child under the age of 17 in the vehicle when you were arrested for DWI, then you will spend more time in jail, pay higher fines, etc.

Loss of driving privileges

Even if your BAC is right at the minimum of 0.08, then the officer will immediately confiscate your driver’s license, which will be held by the court for at least 60 days as an administrative suspension. Once convicted of a DWI 2nd your license is suspended for a period of 36 months. If the conviction was for a DWI 2nd within 10 years, then the first 4 months are a “hard suspension” where there is no chance for restricted privileges. For a DWI 2nd in 5 years, the hard suspension portion is increased to span the first 12 months.

A DWI 2nd offense in the Commonwealth of Virginia all come with a minimum of 6 months using an ignition interlock device, (IID), which requires a person to drive with a restricted license only. This restricted license only allows the person to drive to work, school, child care, medical appointments, treatment, etc. The ignition interlock requirement for a DWI 2nd is not only for purposes of the restricted license, but is a statutorily prescribed condition of license restoration in the future.

How Fairfax County DUI lawyers can help

If you find yourself being charged with a DWI 2nd, then you are aware that this is a very serious charge. A Fairfax DUI lawyer can provide you with professional services to assist you with receiving the most lenient sentence possible. The VA DUI lawyer will evaluate your entire case in order to determine the best course of action. The attorney will advise you on how to respond in court as well as give you other recommendations.

Your Fairfax DUI attorney should go above and beyond to ensure that you receive minimal penalties and undergo a smooth process. Choosing the right Fairfax DUI attorneys is important, because the right one can possibly prevent you from an extended loss of driving privileges or even spending time in jail. If you must spend time in jail, the right Virginia DUI attorney can try to minimize this overall period or request that the time be served on weekends.

So, if you’ve been charged with a DWI in the Commonwealth of Virginia for the second time in 5 or 10 years, then you should contact Rudolphi Law. Not only is Rudolphi law dedicated to ensuring the justice of all its clients, but they have an experienced and positive track record, and they can improve the overall outcome of your case.