DUI Fourth Offense in 5 Years in Virginia

DUI fourth offense in 5 years in VirginiaDUI penalties in Virginia are extremely harsh.  They include mandatory jail time, fines, and driver’s license revocation.  These DUI penalties increase with multiple convictions within 5 and 10 years.  This is the 5th post in a 6 part series discussing penalties for subsequent DUI convictions in Virginia.  This post focuses on the penalties for a DUI fourth offense in 5 years in Virginia.

For more information on a second Virginia DUI in 5 years, see post 1 in this series. For more information on a second Virginia DUI in 10 years, see post 2 in this series.  For more information on a third Virginia DUI in 5 years, see post 3 in this series.  For more information on a third Virginia DUI in 10 years, see post 4 in this series.  For more information on a fourth Virginia DUI in 10 years, see post 6 in this series.

MANDATORY PENALTIES FOR DUI FOURTH OFFENSE IN 5 YEARS IN VIRGINIA

  • JAIL: A DUI fourth offense in 5 years in Virginia is a felony.  The driver faces up to 5 years in prison with a mandatory minimum of 1 year.
  • FINES: A DUI fourth offense in 5 years in Virginia is punished with a mandatory minimum fine of $1000 and the fine could be as high as $2500.
  • COURT COSTS: Every driver convicted of a fourth DUI in 5 years in Virginia will have to pay court costs.
  • VIRGINIA TRAUMA CENTER FUND: Va. Code §18.2-270.01 requires any driver convicted of a DUI fourth offense in 5 years in Virginia to pay a fine to the Virginia Trauma Center Fund.
  • ADMINISTRATIVE LICENSE SUSPENSION: When a driver is charged with a DUI fourth offense in 5 years in Virginia, his driver’s license will be administratively suspended until the day of trial if he had a BAC higher than .08 or refused to take a breathalyzer test.
  • DRIVER’S LICENSE REVOCATION: One of the harshest Virginia DUI penalties is driver’s license revocation.  A driver convicted of a fourth DUI in 5 years in Virginia will have his license revoked indefinitely.  This means he may NEVER be able to drive again (Va. Code §46.2-391(B)).  Under Va. Code §46.2-391(C)(1), the driver must wait 5 years to even apply for restoration of his driving privileges.  However, he can apply for a restricted license after 3 years.  If the court grants a restricted license, the driver must install an Ignition Interlock device in his car.
  • VEHICLE FORFEITURE: The driver’s car may be seized and forfeited if he is convicted of a fourth offense DUI in 5 years in Virginia (Va. Code §18.2-270(C)(4)).  For more information on vehicle forfeiture after a DUI conviction in Virginia, click here.
  • DMV POINTS: The DMV will add 6 demerit points to the driver’s record after being convicted of a DUI fourth offense in 5 years in Virginia.
  • DMV RECORD: The DUI conviction will remain on the driver’s DMV record for 11 years.
  • CRIMINAL RECORD: A conviction for a DUI fourth offense in 5 years in Virginia will remain on the driver’s permanent criminal record and the offender will be a convicted felon.

ADDITIONAL PENALTIES FOR BREATHALYZER REFUSAL

If the driver is convicted of refusal to submit to a breathalyzer test, he can be charged with a crime and the penalties will be in addition to any DUI penalties.

A first offense breathalyzer refusal in Virginia is a civil penalty, punished with driver’s license suspension for 1 year.  Second and subsequent refusal convictions within 10 years in Virginia are crimes.  A second breathalyzer refusal in 10 years in Virginia is a Class 2 misdemeanor.  It is punished with a fine up to $1000, up to 6 months in jail, and driver’s license suspension for 3 years.  A third or subsequent refusal is a Class 1 misdemeanor.  It is punished with a fine up to $2500, up to 12 months in jail, and driver’s license suspension for 3 years.  Any driver convicted of breathalyzer refusal, whether civil or criminal, is not allowed a restricted license AT ALL during his license suspension for the refusal.

A driver can be convicted of a second or third refusal even if he has never been convicted of breathalyzer refusal.  Va. Code §18.2-268.3(D) states that if a driver has been convicted of a prior refusal OR prior DUI, he can be charged with a second offense refusal.  If he has any combination of DUI convictions OR refusal convictions within the past 10 years, he can be guilty of a third offense refusal.  This means a driver can be charged with a third offense refusal if he has had 2 refusal convictions and no DUI convictions, 1 refusal conviction and 1 DUI conviction, or 2 DUI convictions.  As a result, any driver charged with a 4th DUI in 5 years who unreasonably refuses a breathalyzer test will be charged with a third offense refusal, due to the (more than 2) prior DUI convictions.

INCREASED PENALTIES FOR TRANSPORTING MINOR AND DUI FOURTH OFFENSE IN 5 YEARS IN VIRGINIA

The mandatory minimum Virginia DUI penalties also increase if the convicted driver had a minor less than 17 in the car during the offense.  There is an additional minimum fine of $500 and the fine could be as high as $1000.  The driver will also serve a mandatory minimum of 5 days in jail.

For more information on the penalties for transporting a minor while driving under the influence in Virginia, click here.

MINIMUM AND MAXIMUM PENALTIES FOR DUI FOURTH OFFENSE IN 5 YEARS IN VIRGINIA

DUI Fourth Offense in 5 years in Virginia
  • MINIMUM
    • 1 year jail
    • $1000 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 3 years before driver can apply for a restricted license
      • 5 years before driver can petition for restoration of driving privileges
  • MAXIMUM
    • 5 years prison
    • $2500 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 3 years before driver can apply for a restricted license
      • 5 years before driver can petition for restoration of driving privileges
DUI Fourth Offense in 5 years in Virginia, Breathalyzer Refusal 
  • MINIMUM
    • 1 year jail
    • $1000 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 6 years before driver can apply for restricted license
      • 6 years before driver can petition for restoration of driving privileges
  • MAXIMUM
    • 6 years prison
    • $5000 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 6 years before driver can apply for restricted license
      • 6 years before driver can petition for restoration of driving privileges
DUI Fourth Offense in 5 years in Virginia, Transporting Minor
  • MINIMUM
    • 1 year, 5 days jail
    • $1500 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 3 years before driver can apply for restricted license
      • 5 years before driver can apply for restoration of driving privileges
  • MAXIMUM
    • 5 years prison
    • $2500 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 3 years before driver can apply for a restricted license
      • 5 years before driver can petition for restoration of driving privileges
DUI Fourth Offense in 5 years in Virginia, Breathalyzer Refusal, Transporting Minor
  • MINIMUM
    • 1 year, 5 days jail
    • $1500 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 6 years before driver can apply for restricted license
      • 6 years before driver can petition for restoration of driving privileges
  • MAXIMUM
    • 6 years prison
    • $5000 fine (plus court costs)
    • Payment to Virginia Trauma Center Fund
    • Vehicle seizure and forfeiture
    • Indefinite driver’s license revocation
      • 6 years before driver can apply for restricted license
      • 6 years before driver can petition for restoration of driving privileges

 

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