Virginia DUI Laws Second Offense Fairfax Attorney

In the state of Virginia when operating a motor vehicle, the driver is considered driving under the influence (DUI) if his/her blood alcohol content (BAC) is 0.08 percent or higher.

A measurement of the driver’s BAC is the most common way a police officer can determine whether the driver is legally impaired. The following are the BAC percentages that determine if the driver is driving under the influence or not:

  • 21 or Older: 0.08 percent BAC;
  • Commercial drivers: 0.04 percent BAC;
  • Under 21: 0.02 percent BAC.

Another way to try to measure if the driver is under the influence or not is by pulling the driver over and putting him/her through a series of field sobriety tests (FSTs) to determine if the driver is actually impaired.

Common Symptoms of Alcohol/Drug Impairment:

  • Flushed face;
  • Red, watery, glassy and/or bloodshot eyes;
  • The odor of alcohol on breath;
  • Slurred speech;
  • Fumbling with wallet trying to get the license;
  • Failure to comprehend the officer’s questions;
  • Staggering when exiting vehicle;
  • Swaying/instability on feet;
  • Leaning on the car for support;
  • Combative, argumentative, jovial, or other “inappropriate” attitude;
  • Soiled, rumpled, disorderly clothing;
  • Stumbling while walking;
  • Disorientation as to time and place;
  • Inability to follow directions.

Regular DUI Penalties:

  • Fines, fees and surcharges;
  • License suspension;
  • Ignition interlock device;
  • Jail time;
  • Community service.
  • Under These Cases The Penalties Will Be Higher:
  • An underage person was in the car at the time this occurred;
  • The driver refused to submit to a blood or breath test;
  • There was property damage or injury;
  • The defendant was under 21.

If a driver is convicted of a second offense and it has been less than five years after the first offense, there will be a minimum fine of $500. 

The driver will have a minimum jail sentence of one month and up to one year. The compulsory minimum incarceration will be 20 days.

For a second offense within five to 10 years of the previous offense, there will be a fine of at least $500. The incarceration will be for a minimum of one month of which 10 days will be mandatory. If the second offense happens within 10 years of the previous one and the blood-alcohol content was a minimum of 0.15 percent but not more than 0.20 percent, there will be a minimum incarceration of 10 days. If the driver’s BAC was above 0.20 percent, there will be another 20 days added to the sentence. There will also be a fine of at least $500.

Penalties of Second Offense DUI:

  • Administrative license suspension for 60 days;
  • Minimum $500 fine;
  • Indefinite license revocation;
  • If within less than five years of the first offense, a compulsory 1 month to 1 year in jail;
  • If within five years to ten years of the first offense, a compulsory minimum of 10 days in jail;
  • Any court-ordered restitution;
  • Possible ignition interlock device;
  • Possible restricted driver’s license;
  • Criminal record.

If you need a Virginia DUI Lawyer to help you with your DUI case in Virginia, call us at 888-437-7747. Our Virginia DUI Attorneys can help you.

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