DUI Fourth Offense in 10 Years in Virginia

December 21, 2015 by Jean Humbrecht

DUI fourth offense in 10 years in VirginiaThis is the final post in a 6 part series discussing the mandatory penalties for multiple DUI convictions in Virginia.  This post focuses on the penalties for a DUI fourth offense in 10 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 5 years, see post 5 in this series.

MANDATORY MINIMUM PENALTIES FOR DUI FOURTH OFFENSE IN 10 YEARS IN VIRGINIA

  • JAIL: A DUI fourth offense in 10 years in Virginia is a felony.  It is punished with a mandatory minimum of 1 year in prison and a maximum of 5 years in prison.
  • FINES: There is a mandatory MINIMUM fine of $1000 for anyone convicted of a fourth offense DUI in 10 years in Virginia.  The fine could be as high as $2500.
  • COURT COSTS: Anyone convicted of a DUI fourth offense in 10 years in Virginia will have to pay court costs.
  • VIRGINIA TRAUMA CENTER FUND: Va. Code §18.2-270.02 requires anyone convicted of a fourth offense DUI in Virginia to pay a fine to the Virginia Trauma Center Fund.
  • ADMINISTRATIVE LICENSE SUSPENSION: A driver’s license will be immediately suspended once he is arrested for a DUI in Virginia. This suspension will last until the day of trial if the offense is charged as a DUI fourth offense in 10 years in Virginia.  This is called an administrative suspension.  For more information on administrative license suspension after a DUI arrest in Virginia, click here.
  • DRIVER’S LICENSE REVOCATION: If convicted of a DUI fourth offense in 10 years in Virginia, the driver’s license will be indefinitely revoked.  This means the driver might not EVER be able to drive in Virginia again.  He can apply for a restricted license after 3 years, and can petition for restoration of his driving privileges after 5 years.
  • VEHICLE FORFEITURE: Anyone convicted of a fourth DUI in 10 years in Virginia may have to forfeit (or give up) the car he was driving during the offense.  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 driving record of anyone convicted of a fourth offense DUI in 10 years in Virginia.
  • DMV RECORD: The DUI conviction will be on the driver’s Virginia driving record for 11 years.
  • CRIMINAL RECORD: A conviction for a fourth offense DUI in 10 years in Virginia will go on the driver’s permanent criminal record.  This is a felony conviction that can never be expunged.

ADDITIONAL PENALTIES FOR BREATHALYZER REFUSAL CONVICTION

There are additional penalties if the driver is convicted of unreasonable breathalyzer refusal.  A first offense breathalyzer refusal is a civil penalty punished with driver’s license suspension for 12 months.  Second and third refusal convictions in Virginia are crimes.  A second refusal in 10 years in Virginia is a Class 2 misdemeanor, punished with up to 6 months in jail, a fine up to $1000, and mandatory driver’s license suspension for 3 years.  A third refusal in 10 years is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and mandatory driver’s license suspension for 3 years.  Additionally, a restricted license is not available for ANYONE convicted of any breathalyzer refusal offense.

A Virginia driver can be convicted of a second or third offense refusal even if he has never been convicted of breathalyzer refusal.  Va. Code §18.2-268.3 states that a driver can be convicted of a second offense refusal if he has a prior refusal conviction OR  prior DUI conviction.  A driver can be convicted of a third refusal in 10 years in Virginia if he has 2 refusal convictions, 1 refusal conviction and 1 DUI conviction, or 2 DUI convictions.  This means that a driver charged with a DUI fourth offense in 10 years and breathalyzer refusal can be charged with, and convicted of, a third offense refusal in Virginia.

For more information on breathalyzer refusal in Virginia, click here.

ADDITIONAL PENALTIES FOR TRANSPORTING MINOR AND DUI FOURTH OFFENSE IN 10 YEARS IN VIRGINIA

The penalties for a DUI fourth offense in 10 years in Virginia also increase if there was a minor in the vehicle during the offense.  There will be a mandatory minimum fine of $500 (and a maximum additional fine of $1000) and a 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 10 YEARS IN VIRGINIA

DUI Fourth Offense in 10 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 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 restricted license
      • 5 years before driver can petition for restoration of driving privileges
DUI Fourth Offense in 10 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 apply 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 apply for restoration of driving privileges
DUI Fourth Offense in 10 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 restricted license
      • 5 years before driver can apply for restoration of driving privileges
DUI Fourth Offense in 10 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

DUI FOURTH OFFENSE IN 10 YEARS IN VIRGINIA: SERIOUS LONG-TERM CONSEQUENCES

This series has shown the disastrous results of multiple Virginia DUI convictions on a driver’s life.  Virginia DUI penalties have serious, long-term consequences.  In addition to a permanent criminal record, the driver can lose his privilege to driver for several years, face several years in prison, and potentially be forced to forfeit his vehicle.

 

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