Charged with a second DUI/DWI offence? Contact our criminal defense lawyers at Koehler & Vernail for advice. We'll review your options and help you understand your rights. Contact The Law Office of Charles F. Koehler, P.C. to discuss your case today at (703) 669-5644.
In most states, acquiring a second DUI/DWI conviction within ten years will result in enhanced criminal and civil consequences. It is important to recognize that these are dealt with separately. A second DUI/DWI offense will usually come with harsher criminal penalties such as jail time and probation, as well as increased fines. It will also make reinstating your ability to drive an even more challenging and protracted process.
For a second DUI/DWI conviction, the government must prove a person drove or operated a motor vehicle, engine, or train and had a previous DUI within the last ten years AND:
A second offense within five years of a prior offense:
A second offense within more than five but less than ten years of a prior offense:
A second offense within ten years, where the driver's blood alcohol level is between 0.15 and 0.20:
If you're convicted of a second DUI/DWI, the court will typically order that you successfully complete an alcohol safety action program. This program costs between $250 and $300. However, the court can decline to order completion if you receive a qualified assessment indicating that you don't need that level of intervention.
Note: not every alcohol safety action program is the same. Only those programs certified as meeting minimum standards and criteria established by the Commission on the Virginia Alcohol Safety Action Program (VASAP) are qualified to make such assessments.
When someone is arrested for a DUI/DWI, there are civil consequences as well as criminal ones. In Virginia a person must attend an alcohol safety action program. This will be a requirement of any restricted license issued by the court after conviction. Indeed, a person can pre-qualify to get a restricted license by entering an ASAP prior to trial or conviction.
If you have a second conviction for driving under the influence or driving while intoxicated within ten years of a prior driver's license offense, your driver's license will be revoked for a period of three years from the date of conviction. You will also be required to use an ignition interlock system for six months before regaining driving privileges.
Under certain circumstances, a person may apply for a restricted driver's license. A restricted license has certain limitations as to when and what type of driving is allowed. This is not automatic, however, the court, at its discretion, may allow a restricted license to accomplish any of the following purposes under the law: