DUI Fourth Offense in 5 Years in Virginia
October 10, 2015 by Jean Humbrecht
DUI 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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