DUI Second Offense in 5 years in Virginia

November 8, 2015 by Jean Humbrecht

DUI second offense in 5 years in VirginiaVirginia DUI convictions have serious and mandatory minimum penalties.  If a driver is convicted of a second, third or fourth DUI in 5 or 10 years, the mandatory punishments are much worse.  This is the first 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 5 Years in Virginia.  It also examines the increased penalties for a DUI Second Offense in 5 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 10 years in Virginia, see post 2 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 Virginia in 10 years, see post 6 in this series.
For more general information on DUI convictions in Virginia, click here.

Mandatory Minimum Penalties for a DUI Second Offense in 5 years in Virginia

A DUI second offense in 5 years in Virginia (Va. Code §18.2-266, Va. Code §18.2-270) is a Class 1 misdemeanor, 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.  They include:

  • Jail time: A conviction for a DUI second offense in 5 years in Virginia results in a mandatory minimum sentence of 20 days in jail (Va. Code §18.2-270(B)(1)). There will be increased mandatory minimum jail time for high Blood Alcohol Content (BAC) or if there was a minor in the vehicle.
  • Fines: There is a mandatory minimum fine of $500 if convicted of a DUI second offense in 5 years in Virginia (Va. Code §18.1-270(B)(1)) and the fine could be as high as $2500.  There will be additional fines if the offender had a high BAC or there was a minor in the car.
  • Court Costs: If convicted of a DUI second offense in 5 years in Virginia, the driver will have to pay court costs.  Failure to pay court costs will lead to driver’s license suspension.
  • Driver’s License Suspension and Revocation: The offender’s driver’s license will be administratively suspended for 60 days upon being charged with a DUI with a BAC higher than .08 or refusing a Breathalyzer test (Va. Code §46.2-391(2)).  Additionally, the driver’s license will be revoked for 3 years after being convicted of a DUI second offense in 5 years in Virginia and the driver cannot apply for a restricted license for AT LEAST 1 year.  The driver must enroll in the Virginia ASAP program and install an Ignition Interlock device on his vehicles in order to obtain a restricted license.  For more information on restricted driving privileges in Virginia, click here.
  • ASAP: Va. Code §18.2-271.1 requires any driver convicted of a DUI second offense in 5 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 5 years in Virginia is prohibited from driving a car that is not equipped with an Ignition Interlock and an Ignition Interlock system must be installed in any car owned by or registered to the offender.  Additionally, 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: A DUI conviction will result in 6 demerit points added to the driver’s DMV record.
  • DMV Record: A DUI conviction will remain on the offender’s driving record for 11 years.
  • Criminal Record: A DUI conviction will remain on the driver’s criminal record PERMANENTLY.
  • Virginia Trauma Center Fund: Any driver convicted of a second or subsequent DUI in Virginia within 5 or 10 years is required to pay $50 to the Virginia Trauma Center Fund (Va. Code §18.2-270.01).
High Blood Alcohol Content 

A DUI second offense in 5 years in Virginia is punished with an additional mandatory 10 days in jail if the driver’s Blood Alcohol Content (BAC) is between .15 and .20.  If the BAC is greater than .20, he will serve an additional mandatory minimum of 20 days in jail.  This is in addition to any other jail time imposed as a result of the DUI second offense conviction (Va. Code §18.2-270(B)(3)).  He also must pay an additional mandatory MINIMUM fine of $500 if convicted of a DUI second offense in 5 years in Virginia with a BAC higher than .15 (Va. Code §18.2-270(B)(1)).  Click here for more information on high Blood Alcohol Content 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 under Va. Code §18.2-268.3(D). This means that a driver can be charged with a second or third offense refusal 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 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 are consecutive to any other mandatory DUI penalty.  Additionally, a driver convicted of a second or third refusal in ten years cannot have a restricted license at all during his 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 Years Old

If the driver is convicted of a DUI second offense in 5 years in Virginia while transporting someone 17 or younger, he will serve a mandatory 5 days in jail (Va. Code §18.2-270(D)).  There is also 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 resulting from the DUI second offense conviction.

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

DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, NO BAC/BAC LOWER THAN .15
  • MINIMUM
    • 20 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, BAC .15-.20
  • MINIMUM
    • 30 days in jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, BAC .20 OR HIGHER
  • MINIMUM
    • 40 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, BREATHALYZER REFUSAL 1st OFFENSE 
  • MINIMUM
    • 20 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
  • MAXIMUM
    • 18 months jail
    • $3500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, BREATHALYZER REFUSAL 2nd OFFENSE 
  • MINIMUM
    • 20 days jail
    • $500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
  • MAXIMUM
    • 24 months jail
    • $5000
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, TRANSPORTING MINOR
  • MINIMUM
    • 25 days in jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, TRANSPORTING MINOR, BAC .15-.20
  • MINIMUM
    • 35 days jail
    • $1500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, TRANSPORTING MINOR, BAC .20 OR HIGHER
  • MINIMUM
    • 45 days jail
    • $1500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
  • MAXIMUM
    • 12 months jail
    • $2500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 3 year driver’s license revocation (no restricted license for at least 1 year)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, TRANSPORTING MINOR, BREATHALYZER REFUSAL 1st OFFENSE 
  • MINIMUM
    • 25 days in jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
  • MAXIMUM
    • 18 months jail
    • $3500 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year license revocation (no restricted license for at least 4 years)
DUI SECOND OFFENSE IN 5 YEARS IN VIRGINIA, TRANSPORTING MINOR, BREATHALYZER REFUSAL 2nd OFFENSE 
  • MINIMUM
    • 25 days jail
    • $1000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted license for at least 4 years)
  • MAXIMUM
    • 24 months jail
    • $5000 fine
    • Payment to Virginia Trauma Center Fund
    • ASAP
    • Ignition Interlock
    • 6 year driver’s license revocation (no restricted for at least 4 years)

 

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