Second DUI in five years
While the penalties for a first time DUI are severe, for a second time DUI offense within five years of the first, the penalties are much worse. A second DUI in five years can come with more severe consequences, but it will also have minimum penalties. Driving under the influence is treated very seriously in the court of law, and the penalties are as follows.
Upon being convicted of a DUI, a minimum fine of $500 will be issued. While this is the minimum, the fine could be any amount up to $2,500. The fines will also greatly increase if there is a minor in the vehicle or a high blood alcohol content at the time the DUI is issued.
License suspension or revocation
The driver’s license will be automatically suspended for 60 days starting at the time that they are arrested for the DUI. This is called an administrative suspension. They will be arrested if their BAC is more than .08 or .02 if the driver is under the age of 21, or if they refuse to take a breathalyzer test. When the person is convicted of a DUI, their license will be revoked for three years if they have received their second DUI in five years. They will not be able to apply for a restricted license for at least one year.
A second offense DUI conviction in five years requires a minimum of twenty days in jail. They can be sentenced to a longer prison sentence if it is decided by a judge. There will be an increased minimum jail time if there is a minor in the vehicle or the driver had a high BAC.
The driver convicted of their second DUI in five years will be required to have an ignition interlock in any vehicle that they intend to drive on a restricted license. The driver must keep the ignition interlock installed in their vehicle for at least six months after their license revocation period has ended in order to be eligible to have their license privileges restored. The driver will receive six points on their license, and their DUI will remain on their license for 11 years. The second time DUI will remain on their criminal record for life. The driver will also be required to enroll in the Virginia Alcohol Safety Action Program. This program has classes every week and performs random drug and alcohol tests.
Those charged with a second DUI in five years can benefit by hiring a Richmond criminal offense attorney. A criminal offense attorney can help lessen your penalties or even get your charges dropped completely.