Second Offense DUI in Virginia

Virginia law describes drunk-driving offenses as Driving Under the Influence (DUI) per Virginia Code § 18.2-266. A second DUI offense in Virginia usually calls for harsher punishments compared to the first, and it occurs when authorities convict an individual for driving with a blood alcohol concentration (BAC) of 0.08% or higher or while impaired by alcohol or drugs within 10 years of a prior DUI conviction. The harsher punishments for these cases reflect Virginia's dedication to stopping repeat offenders in their tracks and keeping the public safe. The Virginia Department of Motor Vehicles (DMV) points out that drunk driving plays a big part in traffic deaths, making these strict measures all the more critical.

Is a 2nd DUI a Felony in Virginia?

A second offender may be charged with either a felony or a misdemeanor, depending on the circumstances surrounding the DUI. Under Virginia Code § 18.2-270, a second DUI offense usually carries the classification of a Class 1 misdemeanor. Certain circumstances, however, can raise the charge to a felony. These include a previous felony DUI conviction, as stated in § 18.2-270 C.2, or causing an accident that leads to serious injury or death—offenses covered under DUI manslaughter (§ 18.2-36.1) or maiming (§ 18.2-51.4).

What is the Lookback Period for a Second DUI in Virginia?

Virginia law, specifically Virginia Code § 18.2-270, provides a 10-year lookback period for DUI offenses. This timeframe prescribes whether the law classifies a new DUI charge as a second offense. If an individual receives a DUI conviction within 10 years of a previous one, the state designates the new charge as a second offense, which then incurs enhanced penalties. However, if the second offense occurs more than 10 years after the initial one, the legal system may treat it as a first offense, potentially leading to less severe consequences.

What Are The Aggravating Factors in a Second DUI?

Virginia law applies stringent sanctions on second DUI convictions when certain aggravating factors apply. These factors include the following:

• Elevated BAC: According to Virginia Code § 18.2-270, Courts mandate an extra 10 days' detention for a blood-alcohol level between 0.15 percent and 0.20 percent, increasing to 20 days if the BAC exceeds 0.20 percent.
• Passenger Under 17: Transporting a minor under 17 triggers an additional five days in jail and fines ranging from $500 to $1,000.
• Accident Involvement: Causing an incident that injures someone or damages property can upgrade the charges and may elevate the offense to a felony if the harm proves severe.
• Chemical-Test Refusal: Although refusal doesn't directly increase criminal penalties, it results in a separate administrative license suspension under Virginia Code § 46.2-391.2.

What Happens If You Get a 2nd DUI in Virginia

When courts convict someone of a second DUI within ten years, they impose stringent sanctions to discourage repeat offenses. These may include:

• Jail Time: Judges require at least ten days behind bars for a second offense within ten years (and 20 days if it falls within five years), extending up to twelve months when aggravating factors—like an elevated BAC—apply (Virginia Code § 18.2-270).
• Fines: The court levies a minimum of $500, which can rise to $2,500.
• License Suspension: Officials revoke driving privileges for three years under Virginia Code § 46.2-391.
• Ignition Interlock: Authorities mandate the installation of an interlock device for at least six months once a suspended license is reinstated or a restricted permit is granted (Virginia Code § 18.2-270.1).
• VASAP Enrollment: The offender must complete education and treatment through the Virginia Alcohol Safety Action Program (Virginia Code § 18.2-271.1).
• Probation: Courts generally assign unsupervised probation during which the individual must comply with VASAP requirements and abstain from alcohol.

How Long Does a Second DUI Stay On Your Record in Virginia?

In Virginia, a second DUI conviction permanently lingers in an individual's criminal record, as state law does not include conviction records in the list of records that may be expunged. This enduring record affects their job prospects, housing opportunities, professional licensing, and personal standing in the community.

How Much Does a Second DUI Cost in Virginia

The financial burden of a second DUI is significant and can easily exceed $10,000, depending on the case's specifics. It encompasses various costs, which include the following:

• Fines: $500–$2,500
• Court Costs: $100–$200
• Attorney Fees: Several thousand dollars
• Ignition Interlock Device: $75–$150 (installation), $70–$100/month, $50–$100 (removal)
• VASAP Fees: $300–$400
• Increased Insurance Premiums: Potentially double or triple
• Other Costs (e.g., towing, lost wages): Varies

Chances of Going to Jail for a Second DUI in Virginia

Due to the mandatory minimum sentencing requirements in Virginia, courts frequently impose jail time for second DUI offenses. A conviction leads to at least 10 days of incarceration if the second offense occurs within ten years and a 20-day minimum if the offense falls within five years. Elevated BAC levels—beginning at 0.15%—or other aggravating factors can result in sentences of 30 to 40 days. Judges also retain the authority to impose up to 12 months of jail time, as permitted under the maximum sentence for a Class 1 misdemeanor, based on the case's specifics.

Driver's License Suspension for a Second DUI in Virginia

A second DUI results in a 3-year driver's license suspension (Virginia Code § 46.2-391). Eligibility for a restricted license depends on the timing of the offenses:

• Within 5 years: No restricted license for the first year.
• Within 5–10 years: No restricted license for the first 4 months.

After these periods, a restricted license may be granted for purposes like work or medical appointments, provided an ignition interlock device is installed (Virginia Code § 18.2-271.1). Upon arrest, an administrative suspension of 60 days also applies.

Ignition Interlock Device Requirement

An ignition interlock device, which prevents a vehicle from starting if alcohol is detected, is mandatory for at least 6 months for a second DUI, either with a restricted license or upon full license restoration. The offender bears the costs, including installation ($75–$150), monthly fees ($70–$100), and removal ($50–$100) (Virginia Code § 18.2-270.1)

DUI School and Substance Abuse Treatment

Virginia mandates participation in the Virginia Alcohol Safety Action Program (VASAP) for all DUI convictions. The program includes:

• An intake process to evaluate alcohol or drug dependency.
• Education classes (typically 10 hours over five weeks or 8 hours over four weeks).
• Treatment programs, if deemed necessary. VASAP aims to reduce impaired driving through education and rehabilitation (VASAP).

Probation Conditions

Courts typically place the individual on unsupervised probation, requiring them to:

• Complete VASAP.
• Abstain from alcohol.
• Avoid further legal violations. Formal supervision by a probation officer is uncommon, but failure to comply may result in the imposition of suspended jail time.

Community Service Requirements

Community service is not a standard requirement for a second DUI. However, courts may impose it in specific cases, such as when a minor was in the vehicle, mandating 80 hours of community service benefiting children. Courts may also include community service as part of a plea agreement.

Impact on Auto Insurance

A second DUI classifies the individual as a high-risk driver, causing insurance premiums to double or triple. Some insurers may cancel or refuse to renew policies. The individual must file an FR-44 form, certifying insurance with double the state's minimum liability coverage ($50,000/$100,000 for bodily injury, $40,000 for property damage) for three years after license reinstatement (Ultra Car Insurance).

Which Courts Handle DUI Cases in Virginia

In Virginia, General District Courts manage misdemeanor DUI cases, such as first and second offenses. At the same time, Circuit Courts handle felony DUI cases, including third or subsequent offenses or those involving serious injury or death, following a preliminary hearing in General District Court, as noted by the Virginia Courts. The five prominent General District Courts that process DUI cases include:

Fairfax County General District Court
4110 Chain Bridge Road
Fairfax, Virginia 22030
Phone: (703) 246-3305

Richmond City General District Court
400 North 9th Street
Richmond, Virginia 23219
Phone: (804) 646-6431

Virginia Beach General District Court
2425 Nimmo Parkway
Virginia Beach, Virginia 23456
Phone: (757) 385-8531

Norfolk General District Court
150 Saint Paul's Blvd,
Room 3202
Norfolk, Virginia 23510
Phone: (757) 664-4910

Alexandria General District Court
520 King Street, Second Floor
Alexandria, Virginia 22314
Phone: (703) 746-4041

The DMV administers the non-judicial aspects of DUI convictions, such as license suspensions and reinstatements. It also enforces a 60-day administrative suspension for a second DUI arrest and oversees requirements like FR-44 filing and ignition interlock installation. Individuals can contact the DMV at their various locations or by phone Monday through Friday from 8 a.m. to 5 p.m. or Saturday from 8 a.m. to noon, Eastern time.

Can You Get a DUI on a Horse in Virginia?

No. In Virginia, DUI laws apply specifically to operating a "motor vehicle, engine, or train" under Virginia Code § 18.2-266. A motor vehicle is defined as a self-propelled vehicle, excluding those moved by human or animal power (Virginia Code § 46.2-100). Therefore, riding a horse while intoxicated does not constitute a DUI. However, individuals may face other charges, such as public intoxication or disorderly conduct, if their behavior endangers public safety.