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Repeat Offenders

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DUI Repeat Offenders in Virginia

Limiting damage from prior DWI convictions

Additional convictions for DUI/DWI carry greater and greater consequences. The Code of Virginia provides escalating penalties for repeat offenders:

  • a second offense within less than five years carries a mandatory minimum fine of $500 and jail for 20 days to one year
  • a second offense within five to 10 years carries a mandatory minimum fine of $500 and jail for 10 days to one month
  • a second offense within 10 years with a BAC of 0.15 to 0.20 percent results in jail for an additional mandatory minimum of 10 days
  • a second offense within 10 years with a BAC of more than 0.20 percent gets an additional mandatory minimum 20 days in jail with a mandatory minimum fine of $500
  • three offenses within 10 years is a Class 6 felony and includes a mandatory minimum sentence of 90 days
  • three offenses within five years is a Class 6 felony and includes a mandatory minimum six months in jail with a mandatory minimum fine of $1,000
  • a fourth offense within a 10 years is a Class 6 felony and includes a mandatory minimum imprisonment of one year, a mandatory minimum fine of $1,000, and probation up to three years

If you are facing a second or third DUI charge, you’ll rely even more on your Virginia Beach DUI lawyers. Besides jail time, fines and the loss of your license, an additional DUI conviction has disastrous consequences for your auto insurance. One conviction drives up the cost of your policy, but a second or third can make you uninsurable. At that point, getting your license back is a moot point. Messman Law, PLC stands by you, from your first call to us to the conclusion of your case, working hard to minimize the consequences of your arrest to your job, family, savings and reputation.

Additional civil penalties for repeat DUI in Virginia

If your DUI offense is a Class 6 felony as described above and you were driving your own car, that vehicle is technically an instrument used in the commission of a felony and is subject to seizure and forfeiture. The laws governing civil forfeiture make it very difficult to get your car back even if you are not convicted of the DUI.

Driving drunk with a child in the car

Though unrelated to repeat DUI, driving with a minor 17 years of age or younger also carries increased penalties, including an additional fine of $500 to $1,000 and a mandatory minimum of five days in jail.

Contact a repeat DUI defense attorney in Virginia Beach

Messman Law, PLC defends motorists from Norfolk to Virginia Beach and throughout the Chesapeake region on repeat DUI charges. To schedule a confidential consultation, call us at 757-340-5800 or contact our office online.

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