Although a second charge for driving under the influence (DUI) in this state is still a Class 1 misdemeanor, the penalties will be harsher if you receive a conviction. You will serve mandatory jail time, pay a minimum fine of $500, and have your license revoked for three years. Depending on how long ago your first DUI occurred and how far over 0.08 percent your blood alcohol content (BAC) was measured, the penalties may be even worse.
After a second offense, the state reviews whether your first DUI occurred less than five years previously or less than 10 years. These categories also affect how harsh the judge may be when penalizing you. If you have been charged with a second-offense DUI in Charlottesville, contact our DUI attorney at La Fratta Law for a free case assessment and representation you could rely on.
When a judge sentences a motorist for a first-time DUI, there is no mandatory minimum jail time unless they have an elevated BAC. After a second DUI conviction, mandatory minimum jail time applies regardless of the driver’s BAC.
If the offense occurs within five years of the first one, the offender will spend a minimum of 20 days in jail and up to a maximum of one year. If the second offense occurs after five years have lapsed but not yet 10 years, the offender will spend a minimum of 10 days in jail and up to a maximum of one month.
If you were convicted with a BAC between 0.15-0.20 percent or more than 0.20 percent, the base minimum adds 10 or 20 mandatory days, respectively. If you were driving with a passenger who is a minor aged 17 or younger, the mandatory minimum increases by an additional five days. However, jail time does not account for the financial penalties you face after a second DUI conviction in Charlottesville.
It does not matter if the judge applies the five or 10-year lookback when assessing a mandatory fine. The fine is a minimum of $500, and this increases by another $500 for an elevated BAC and an additional $500 to $1000 for transporting a minor. The maximum fine for a Class 1 misdemeanor is $2,500. Other financial penalties include:
These combined penalties and fees typically amount to tens of thousands of dollars if convicted of a second DUI in Charlottesville. Michael La Fratta could have a profound impact on your penalties after assessing your case.
After a second DUI, you lose your driving privileges automatically for three years from the date of your conviction. During the first year, you do not qualify for any restricted license that is available after the first DUI. If you are enrolled in VASAP and have an ignition interlock device installed on all cars available to you, the judge may consider issuing you a restricted license in year two to drive to VASAP, work, medical appointments, and other limited destinations.
An ignition interlock device keeps your engine from starting if you register more than 0.02 percent BAC. You must meet a mandatory 12 months of clean testing to have your license restored after a second DUI charge in Charlottesville. Michael La Fratta could help guide you through this legal process.
Our attorney understands how upset and embarrassed you may feel after being stopped for a DUI. If it is your second one, the stakes are higher, and your best move is to talk to a skilled defense lawyer.
Michael La Fratta could stand up for you and fight for the fairest outcome after a second-offense DUI in Charlottesville. You need an ally, and you have found one at La Fratta Law. Contact us today to get started.
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