Third DWI Offense

Facing Third DWI Charges in Leesburg, Va?

Facing Third DWI Charges in Leesburg, Va?

The consequences of a third driving while intoxicated offense can be detrimental to your career and family life. We recommend seeking a professional attorney to represent you in any proceeding that involves DWI charges, especially on your third offense.

If you are facing DWI charges, contact the Law Office of Charles F. Koehler, P.C. DWI attorney Charles Koehler focuses on personalized and comprehensive representation. Facing DWI charges isn't easy. You shouldn't have to do it alone. Contact Charles Koehler at 703-669-5644 for a free consultation.

Criminal Court

In criminal court, a person faces criminal consequences. Criminal consequences include:

  • Jail time
  • Fines
  • Probation
  • Classes about chemical use and abuse
  • Court ordered treatment

    As a person charged with DWI, generally one must challenge any constitutional issues, including the stop of the car, statements made, searches done by police, seizures of person or property, and any warrants executed. If this is not done successfully the person will be subject to criminal consequences. This is how due process works under the United States Constitution.

    Additionally, a person charged with DWI is entitled to a trial by jury or judge. The government is required to prove its case beyond a reasonable doubt. They must bring in witnesses to testify in open court. The defense has the right to cross-examine these witnesses. Additionally, a person can call witnesses on their behalf at trial. They also have the right to testify or remain silent.

    If you are charged with DWI, the State will most likely extend a plea offer. In these situations, it is important to consult counsel who can advise you on the best possible course of action.


Virginia DWI laws are tough, and the criminal penalties for a third DWI within 10 years are severe. According to the Virginia Code $ 18.2-270, a third DWI within 10 years is a Class 6 felony. It is punishable by up to five years in prison and a minimum fine of $1,000.

There are two specific minimum jail requirements subject to the timing of the DWIs:

  • If the three DWI offenses are within the past five years, there is a mandatory minimum sentence of 180 days in jail.
  • If the third DWI is within 10 years of two other DWIs, there is a mandatory minimum sentence of 90 days in jail.


Virginia's Alcohol Safety Action Program (ASAP) is probation monitoring that includes a number of different features, such as:

  • Supervision monitoring
  • Ignition interlock monitoring
  • Substance abuse treatment (if required), and
  • Other conditions ordered by the court.

Possible Defenses to Third DWI Charges in Virginia

Every case is different. However, there are a number of different ways DWI charges can be challenged.


The first potential area for a challenge is the stop of the car. Police generally must have a basis to stop a car. If there is no legally supportable basis for the stop, any subsequent evidence of criminal activity may be suppressed.


The collection of evidence in a DWI case must be done properly, otherwise the results can be inaccurate. If you have been charged with DWI you should contact an experienced criminal defense attorney to learn how to challenge the handling and accuracy of your breathalyzer or blood test results.


Blood, breath and urine testing rely on machines to provide accurate test results. These machines must be properly maintained and calibrated on a regular schedule to produce reliable BAC results. If they are not, the test results may not provide an accurate measure of impairment due to alcohol consumption.