Legal Question in DUI Law in Virginia

Re: 2nd offense for dui, is there a jail sentence?

Yes, for a second DUI offense that is within 5 years of the first offense, there is a mandatory jail time of 5 days (for a blood alcohol level of .20 and less). There could be more mandatory days if the blood alcohol content is over .20. For more info, talk to a DUI attorney.

Randy Masters

Re: 2nd offense for dui, is there a jail sentence?

Va. Code Sec. 18.2-270(B)(1.) provides as follows: Any person convicted of a second offense committed within less than five years after a first offense under Sec. 18.2-266 shall upon conviction of the second offense be punished by a mandatory minumum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minumum sentence.

It would appear from the last sentence that you're facing a minimum of 20 days in the slammer in the event that you're convicted.

Re: 2nd offense for dui, is there a jail sentence?

There is mandatory jailtime involved - such parameters depend on the BAC of the current charge. If the BAC of the current charge is above or equal to 0.15, the minimum mandatory time is amended. Please review the charging documents to understand whether the charge is a 2nd in 5 years or not. Also, please review the facts of the case as there may be ample opportunity to win the case by challenging the arrest or protocols for testing your breath/blood.

You may review materials on http://www.vatrafficlaw.com to avail yourself of a knowledge base from which to question potential attorneys.

Sudeep Bose, Esq.