2nd offense within 5 years
How does the law decide if a second offense is within 5 years? Do they go by the 1st offense date or the 1st conviction date? Example-- 1st offense occured 11/01/97 and the conviction date was 02/01/98. The 2nd offense date was 11/11/02- conviction date was 01/15/03. Judge said it was within 5 years. License was revoked for 3 years. No court ordered ASAP or restricted license. Revocation time is up, now DMV states that the person must attend ASAP and have ignition lock installed. When can this person get their license fully reinstated or can they make a motion to amend to the court for a full restoration or at least a restricted license. These laws are very confusing to say the least.
1 Answer from Attorneys
Re: 2nd offense within 5 years
The penalties prescribed for DUI conviction in Sections 18.2-270 and 271 of the Virginia Criminal Code make clear that the conviction date rather than the offense date is the controlling factor in regard to the issue which you've raised in your question.
However, the measuring time for the suspension (or revocation period)of the defendant's license does not actually begin to run until the day he or she has surrendered the license either to the court or to the DMV.
If the original revocation date was 01/15/03, the three year term of revocation was up on January 15, 2006, and the person in your question
should have full license privileges restored once she or he has paid the required reinstatement fee to DMV and complys with the other administrative requirements necessary for the restoration of full license privileges.
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