What are the Penalties for a Third 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.

3rd DUI in VA

If you already have two DUI convictions on your record, you are facing severe penalties for your 3rd DUI in Virginia. Although you might not have hired an attorney for your previous case, you need one now.

Virginia is known for being very tough on drunk drivers, and there is no reason to assume the state will show you leniency.

Below, we detail some of the most serious penalties you are facing for a third DUI in Virginia. Remember, the timeline matters—the more recent your second DUI, the stiffer the penalties.

Let’s Discuss Your Case

Note on service areas: I defend clients in 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 All 3 DUIs Occurred Within 5 Years…

You are looking at a Class 6 felony, which carries the following penalties:

  • Mandatory minimum of 6 months in jail
  • Up to 5 years in prison
  • Mandatory $1,000 fine
  • Loss of driving privileges for at least three years ( Code § 46.2-391(C)(2))
  • Payment of court costs

If Your 3 DUIs Occurred within 10 Years…

You will likewise be charged with a Class 6 felony, which carries the following:

  • Mandatory minimum of 90 days in jail
  • Up to 5 years in prison
  • Mandatory $1,000 fine
  • Loss of driving privileges for at least three years
  • Payment of court costs

A 3rd Virginia DUI May Trigger a Habitual Offender Status

Virginia is committed to getting habitual offenders off the road. Anyone who has all 3 DUI convictions within a 10-year period could be deemed a habitual offender, which means you can permanently lose your driving privileges.

In many cases, however, you can request a restricted driving license after 3 years and full privileges after 5 years, but you must undergo an evaluation.

You will also need to install an ignition interlock device.

A 3rd DUI Offense in VA May Strip You of Civil Rights

Virginia strips its citizens of many civil rights if they are convicted of a felony.

These rights are necessary for people to fully participate in civil life and include:

  • The right to vote
  • The right to sit on a jury
  • The right to run for elective office
  • The right to own a firearm

It can be very difficult to get your civil rights restored once you lose them, and you often need to involve the Governor, which is not easy. If you want to own a firearm, for example, then you will need to move through additional hoops.

This loss of your civil rights is in addition to having your criminal record show up whenever you apply for a job or rent an apartment.

It is essential that you hire a lawyer for a 3rd DUI

If you are staring down the barrel of a 3rd DUI in Virginia, you should contact my office as soon as possible. I limit my practice to misdemeanor defense, but we can refer you to a top-notch lawyer who can help you.

I can be reached over the phone or online. Contact my law office by calling or by completing my online contact form.

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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My special report about driving on suspended explains six critical issues to possibly fight in your case.

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