DUI Third Offense in 10 Years in Virginia

December 6, 2015 by Jean Humbrecht

Virginia DUI convictions have very serious penalties that can affect a driver for several years.  This article focuses on the penalties for a DUI third offense in 10 years in Virginia.  It also examines the increased penalties for a DUI third offense in 10 years in Virginia coupled with breathalyzer refusal and the presence of a minor in the car.

DUI third offense in 10 years in VirginiaThis is the 4th post in a 6 part series discussing penalties for subsequent DUI convictions 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 fourth Virginia DUI in 5 years, see post 5 in this series.  For more information on a fourth Virginia DUI in 10 years, see post 6 in this series.

PENALTIES FOR DUI THIRD OFFENSE IN 10 YEARS IN VIRGINIA

  • JAIL: There is a mandatory minimum confinement of 90 days in jail upon conviction for a DUI third offense in 10 years in Virginia. However, since it is a Class 6 felony, the driver faces up to 5 years in prison.
  • FINES: A conviction for a DUI third offense in 10 years in Virginia will result in a mandatory minimum fine of $1000.  The fine could be as high as $2500.
  • VIRGINIA TRAUMA CENTER FUND: Any person convicted of a DUI third offense in 10 years in Virginia is required to pay a fine to the Virginia Trauma Center Fund.
  • COURT COSTS: Any driver convicted of a DUI third offense in 10 years in Virginia will have to pay court costs, in addition to any other fines and fees.  Since a DUI third offense in 10 years in Virginia is a felony, the court costs will be much higher than those for a DUI 1st or 2nd offense.
  • DRIVER’S LICENSE SUSPENSION AND REVOCATION: A Virginia driver’s license will be immediately suspended once he is charged with a DUI.  This suspension will last until the day of trial if he is charged with a DUI third offense in 10 years in Virginia.  A driver’s license will be revoked INDEFINITELY if he is convicted of a DUI third offense in 10 years in Virginia.  The driver must wait at least 3 years to even apply for a restricted license and cannot petition for restoration of his driving privileges for at least 5 years.
  • VEHICLE FORFEITURE: The driver’s car may be seized and forfeited if he is convicted of a third 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 Virginia DMV will add 6 demerit points to an offender’s Virginia driving record if he is convicted of a DUI third offense in 10 years in Virginia.
  • VIRGINIA DRIVING RECORD: The DUI conviction will remain on an offender’s Virginia driving record for 11 years.
  • CRIMINAL RECORD: A conviction for a DUI third offense in 10 years in Virginia will remain on the driver’s permanent criminal record and cannot be expunged.  The offender will be a convicted felon.

TRANSPORTING MINOR UNDER 17

Va. Code §18.2-270(D) states that a driver will face ADDITIONAL penalties if there was a minor under 17 in the car when the driver committed the DUI offense.  The driver will serve an additional mandatory minimum of 5 days in jail AND pay an additional minimum fine of $500. The additional fine could be as high as $1000.

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

BREATHALYZER REFUSAL

A first offense breathalyzer refusal in Virginia results in a civil penalty and is punished with driver’s license suspension for one year. Second and subsequent refusals, however, are criminal charges in Virginia.  A second offense refusal is a Class 2 misdemeanor, punished with up to 6 months in jail and a fine up to $1000.  A third offense refusal is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.  A second or third refusal in Virginia will result in 3 years of driver’s license suspension and the offender cannot obtain a restricted license AT ALL during this period.  These penalties are in ADDITION to any penalties imposed for the DUI conviction.

Va. Code §18.2-268.3 states that a driver can be charged with a second or subsequent refusal if he has any combination of prior refusal convictions OR prior DUI convictions within 10 years.  This means that a driver can be charged with a second or third offense refusal in Virginia even if he has never been convicted of breathalyzer refusal.  A driver can be convicted of a third offense refusal if the driver has any combination of:

  • 2 refusal convictions in the last 10 years
  • 1 DUI conviction and 1 refusal conviction in the last 10 years
  • 2 DUI convictions and NO refusal convictions in the last 10 years

As a result, anyone charged with a DUI third offense in 10 years and breathalyzer refusal will be charged with a third offense refusal.

MINIMUM AND MAXIMUM PENALTIES FOR DUI THIRD OFFENSE IN 10 YEARS IN VIRGINIA

DUI THIRD OFFENSE IN 10 YEARS IN VIRGINIA
  • MINIMUM
    • 90 days 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 a restricted license
      • 5 years before driver can petition for restoration of driving privileges
DUI THIRD OFFENSE IN 10 YEARS IN VIRGINIA, BREATHALYZER REFUSAL
  • MINIMUM
    • 90 days 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 a 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 THIRD OFFENSE IN 10 YEARS IN VIRGINIA, TRANSPORTING MINOR
  • MINIMUM
    • 95 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 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 THIRD OFFENSE IN 10 YEARS IN VIRGINIA, BREATHALYZER REFUSAL, TRANSPORTING MINOR
  • MINIMUM
    • 95 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 in 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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