Legal Question in DUI Law in Virginia

Re: Second offense laws and rulings

This answer may sound complicated because sentences for dui 2nd have increased. For Offenses

after July 1, 2000: for a second offense within 5 years of a 1st:3yr.suspension of license, fine of $200.00 to $2,500.,jail one month to one year..

48 hours of the jail time cannot be suspended, it is mandatory.2nd offense within 5 to 10 years after a 1st has the same punishments except that the court can suspend all the jail time. If the offense is committed after October 1, 2000, and is within 5 years of a first the jail time has changed to a mandatory 5 days ( rest is the same)

If 2nd within 10 years of first, and defendant's blood achol level is 0.20 and less than 0.25, additional 5 days minimum,mandatory jail sentence is required; if 0.25 or more, and additional 10 days is required. Further, after October 1, 2000, conviction of a 2nd offense requires court to, as a condition of a restricted license, order the defendant's vehicle to be equiped with an ignition interlock system. A restricted license to operate a vehicle in the Commonwealth may be granted by a court, but only after four months of the conviction. The restricted license requires the entry into and completion of the Va. Alcohol Safety Action Program ( or a simular program of another state)

The program allows the defendant to drive: to and from work, during working hours, to and from doctors (etc.), to and from schools,to and from day care.

My web site has links to the Va. Legislative web site which has the specific language if you are interested: www.vatrafficlawyer.com Also there is a recent defense which I, and a number of other attys. have raised concerning the breath alchol

mechine, which in the Richmond area, may be decided within the next few weeks.

best of luck

joe mcgrath