DUI Second Offense in 10 Years in Virginia

November 16, 2015 by Jean Humbrecht

DUI second offense in 10 years in VirginiaVirginia DUI convictions have serious and mandatory minimum penalties.  If a driver is convicted of a second, third or fourth DUI in Virginia within 5 or 10 years, the mandatory punishments are much worse.  This is the second post in a 6 part series discussing penalties for subsequent DUI convictions in Virginia.  This article focuses on the penalties for a DUI Second Offense in 10 Years in Virginia.  It also examines the increased penalties for a DUI Second Offense in 10 Years in Virginia coupled with high Blood Alcohol Content (BAC), breathalyzer refusal, and the presence of a minor in the car.

Click here for more information on the penalties for a first offense DUI conviction in Virginia.

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

For more general information on DUI convictions in Virginia, click here.

Mandatory Minimum Penalties for DUI Second Offense in 10 Years in Virginia

A conviction for a DUI Second Offense in 10 years in Virginia (Va. Code §18.2-266, Va. Code §18.2-270) is a Class 1 misdemeanor.  It is punished with up to 12 months in jail and a fine up to $2500.  It also has additional mandatory MINIMUM penalties.  These mandatory penalties are discussed in Va. Code §18.2-270 and include:

  • JAIL TIME: A driver convicted of a DUI second offense in 10 years in Virginia will be sentenced to a mandatory minimum of 10 days in jail (Va. Code §18.2-270(B)(1)).  However, he also faces up to 12 months in jail.
  • FINES: There is a mandatory minimum fine of $500 if convicted of a DUI second offense in 10 years in Virginia (Va. Code §18.1-270(B)(2)) and the fine could be as high as $2500.
  • COURT COSTS: If convicted of a second offense DUI in 10 years in Virginia, the driver will have to pay court costs.  Failure to pay court costs will result in driver’s license suspension.
  • DRIVER’S LICENSE SUSPENSION AND REVOCATION: A driver’s license will be suspended immediately after being charged with a DUI in Virginia if the driver’s Blood Alcohol Content (BAC) is higher than .08 or if he is charged with a Breathalyzer Refusal. This is called an administrative suspension.  The period of administrative suspension for a DUI second offense in 10 years in Virginia is 60 days (Va. Code §46.2-391.2).  The driver’s license will be revoked for 3 years if convicted of a second offense DUI in 10 years in Virginia and the driver cannot apply for a restricted license for AT LEAST 4 months.  To obtain a restricted license, the driver must enroll in the Virginia ASAP program and install an Ignition Interlock device on every vehicle he owns or that is registered in his name.  Click here for more information on Virginia restricted driving privileges.
  • ASAP: Va. Code §18.2-271.1 requires any driver convicted of a DUI second offense in 10 years in Virginia to enroll in, and complete, the Virginia Alcohol Safety Action Program (ASAP).  This program requires weekly classes, fines, and random drug and alcohol screening.  A driver cannot have his driving privileges restored until he has complied with all of ASAP’s requirements.  Click here for more information on Virginia ASAP.
  • IGNITION INTERLOCK: A driver convicted of a DUI second offense in 10 years in Virginia is prohibited from driving a car that is not equipped with an Ignition Interlock.  Additionally, an Ignition Interlock system must be installed in any car owned by or registered to the offender.  The driver cannot obtain a restricted license without installing the Ignition Interlock.  If the driver does not request a restricted license, he still must install the Ignition Interlock for at least 6 months after his license revocation period has ended in order to have his privilege to drive restored in Virginia.  For more information on Ignition Interlock requirements in Virginia, click here.
  • DMV POINTS: The Virginia DMV will add 6 demerit points to the driver’s DMV record if convicted of a DUI in Virginia.
  • DMV RECORD: A DUI conviction will remain on the offender’s driving record for 11 years.
  • CRIMINAL RECORD: A conviction for a Virginia DUI will remain on the driver’s criminal record PERMANENTLY.
  • VIRGINIA TRAUMA CENTER FUND: If convicted of a second offense DUI in Virginia in 10 years, the driver must pay $50 to the Virginia Trauma Center Fund (Va. Code §18.2-270.01).
INCREASED PENALTIES FOR A DUI SECOND OFFENSE IN 10 YEARS IN VIRGINIA WITH A HIGH BAC

There is additional mandatory jail time and fines if the driver had high Blood Alcohol Content (BAC).  A driver convicted of a DUI second offense in 10 years in Virginia will serve an additional mandatory minimum of 10 days in jail if his BAC is between .15 and .20.  If his BAC is higher than .20, he will be sentenced to an additional mandatory minimum of 20 days in jail.   This jail time is in addition to any other jail time resulting from the second offense DUI (Va. Code §18.2-270(B)(3)).  There is also a mandatory minimum fine of $500 if the driver convicted of a second offense DUI in Virginia has a BAC over .15 (Va. Code §18.2-270(B)(2)). Click here for more information on Blood Alcohol Content and additional penalties in Virginia.

BREATHALYZER REFUSAL

A first offense breathalyzer refusal in Virginia results in a civil penalty (Va. Code §18.2-268(3)(D)).  However, any refusal charge if the driver has been previously convicted of breathalyzer refusal OR a DUI within the last 10 years is a crime (Va. Code §18.2-268.3(D)).  This means that a driver can be convicted of a second or third offense refusal (a crime) in Virginia even if he has never been charged with, or convicted of, breathalyzer refusal before.

A second offense 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 driver’s license suspension for at least 3 years.  Click here for more information on a second offense breathalyzer refusal in Virginia.  A third offense breathalyzer refusal in 10 years in Virginia is a Class 1 misdemeanor, punished with up to 12 months in jail, a fine up to $2500, and 3 years of driver’s license suspension.  A driver can be charged with, and convicted of, a third refusal in Virginia if he has a combination of 1 prior DUI conviction and 1 refusal conviction, 2 prior refusal convictions, or 2 prior DUI convictions and no refusal convictions.  For more information on a third offense breathalyzer refusal in Virginia, click here.

The jail time, fines, and driver’s license suspension periods with a criminal breathalyzer refusal conviction in Virginia are consecutive to any other mandatory DUI penalty.  Additionally, a driver convicted of a second or third breathalyzer refusal in ten years in Virginia cannot have a restricted license at all during the license suspension period.  This means at least 3 years of absolutely no driving.

Click here for more information on breathalyzer refusal in Virginia.

TRANSPORTING MINOR UNDER 17

If convicted of a DUI second offense in 10 years in Virginia while transporting someone 17 or younger, the driver will serve an additional mandatory 5 days in jail (Va. Code §18.2-270(D)).  He will also pay a mandatory minimum fine of $500 and the fine could be as high as $1000.  These penalties are in addition to any other fines or jail time imposed for the second offense DUI in 10 years conviction. For more information on the penalties for transporting a minor while driving under the influence in Virginia, click here.

PENALTIES FOR DUI SECOND OFFENSE IN 10 YEARS IN VIRGINIA

DUI Second Offense in 10 Years in Virginia, BAC Lower than .15

  • MINIMUM
    • 10 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months in jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, BAC .15-.20

  • MINIMUM
    • 20 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, BAC Over .20

  • MINIMUM
    • 30 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, First Breathalyzer Refusal

  • MINIMUM
    • 10 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)
  • MAXIMUM
    • 18 months jail
    • $3500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)

DUI Second Offense in 10 Years in Virginia, Second Breathalyzer Refusal 

  • MINIMUM
    • 10 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 years driver’s license revocation (no restricted license for at least 3 years, 4 months)
  • MAXIMUM
    • 24 months jail
    • $5000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)

DUI Second Offense in 10 Years in Virginia, Transporting Minor

  • MINIMUM
    • 15 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, Transporting Minor, BAC .15-.20

  • MINIMUM
    • 25 days jail
    • $1500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, Transporting Minor, BAC Over .20

  • MINIMUM
    • 35 days jail
    • $1500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 3 year driver’s license revocation (no restricted license for at least 4 months)

DUI Second Offense in 10 Years in Virginia, Transporting Minor, First Breathalyzer Refusal

  • MINIMUM
    • 15 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)
  • MAXIMUM
    • 18 months jail
    • $3500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)

DUI Second Offense in 10 Years in Virginia, Transporting Minor, Second Breathalyzer Refusal

  • MINIMUM
    • 15 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)
  • MAXIMUM 
    • 24 months jail
    • $5000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock for at least 6 months
    • 6 year driver’s license revocation (no restricted license for at least 3 years, 4 months)

 

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