Legal Question in DUI Law in Virginia

Second DUI within 3 years, but third DUI total

My dad just got a second DUI within 3 years, but it's his third total. How much jail time could he face? He is going to try to fight the most recent DUI because the police officer followed him for 10 miles and didn't pull my dad over until he pulled in his driveway.


Asked on 5/29/08, 1:00 pm

1 Answer from Attorneys

Joseph Vredevelt Best Vredevelt & Associates

Re: Second DUI within 3 years, but third DUI total

Well your father is either going to be charged as a 3rd within 10 years or a 3rd outside of 10 years. This could be charged as a felony in Florida. If this DUI arrest accured within 10 years of the others, the potential penalities would include (1) mandatory imprisonment of at least 30 days and up to 5 years; (2) a $1,000 fine but could be up to $2,500; (3) 10 year license suspension; (4) ignitioin interlock device; (5) DUI school with evaluation; (6) Monthly reporting probation, and (7) court costs.

A 3rd DUI outside of 10 years will include: (1) $1,000 fine but could be up to $2,500; (2) 2 year ignition interlock device; (3) DUI School; (4) Monthly reporting probation; (5) possible jail up to 5 years.

It is important to get proper representation.

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Answered on 5/29/08, 1:17 pm


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