What are the Penalties for a Second DUI Offense in Virginia?

The information contained here is provided by experienced Virginia DUI lawyer Andrew Flusche and was last updated in May of 2019.

2nd dui offense in va

The penalties for a 2nd DUI in Virginia will be stiffer than what you faced for your first DUI conviction.

The ultimate severity of your penalties will depend largely on how much time has passed since your initial DUI charge, and on your blood alcohol level.

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Note on service areas: I defend clients in these counties and cities: Fredericksburg, Spotsylvania, Stafford, King George, and Caroline. If the court where your case is being prosecuted is not in one of these areas I can still help you. Contact my office and I’ll be happy to refer you to an experienced DUI lawyer who is local to the area where you need help.

If Less than 5 Years Have Passed Since Your First DUI Offense…

A second DUI is a misdemeanor offense. According to Va. Code § 18.2-270, you are looking at the following penalties for a second DUI conviction:

  • A fine between $500 and $2,500
  • Between 20 days and one year in jail
  • License revocation for 3 years
  • Payment of court costs
  • Enrollment in the Virginia Alcohol Safety Action Program (VASAP), which includes random alcohol and drug screening, as well as mandatory classes

Your blood alcohol concentration at the time of arrest can also increase the amount of jail time you are facing:

  • If your BAC was at least 0.15 but not more than 0.20, you have an additional 10 days mandatory in jail
  • If your BAC was higher than 0.20, you have an additional 20 days mandatory minimum in jail

After your first DUI conviction, you might have applied for a restricted license that let you get to work or school. However, you cannot apply for a restricted license after a second DUI conviction for at least a year.

In order to get a restricted license (or ever get your license back), you will have to install an ignition interlock device for 6 months in any vehicle owned or registered to you.

If Between 5 and 10 Years Have Passed Since Your Initial DUI Offense…

This is also a misdemeanor offense. You will face the following penalties:

  • A fine between $500 and $2,500
  • Between 10 days to 1 year in jail
  • License revocation for 3 years
  • Payment of court costs
  • Enrollment in VASAP course, along with random drug and alcohol screening

Again, a higher BAC will increase the minimum amount of time you spend in jail:

  • BAC of at least 0.15 but not more than 0.20: an additional 10 days in jail
  • BAC higher than 0.20: an additional 20 days in jail

You cannot apply for a restricted license for at least 4 months.

In order to get a restricted license (or ever get your license back), you will have to install an ignition interlock device for 6 months in any vehicle owned or registered to you.

A 2nd Virginia DUI charge demands effective legal representation

Some people didn’t have a lawyer for their first DUI, but given that so much more is at stake, you would benefit from a lawyer for a 2nd DUI in Virginia.

For example, not being able to get even a restricted license for one year can make it hard, if not impossible, to keep a job or continue to attend school. Public transportation is not reliable in many parts of Virginia, so it is possible you could lose your job.

Reach out to an experienced Virginia DUI attorney today. Andrew Flusche is an attorney at law who has handled many DUI cases.

I will give your case my undivided attention and work aggressively to obtain the best result possible. Contact me today by calling 540-318-5824. I offer a free, confidential initial consultation where you can discuss the case and my fees. Avoid delay.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then I have earned over 600 5-star reviews from happy clients on Google, Yelp, Facebook, and Avvo. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.
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